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SEYMOUR  DURST 


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THE 

H     I     S     T    O    R  Y 


or  THE  PROVINCE  Of 

N   E  W  -  Y  O  R  K, 

fROM  THE  FIRST  DISCOVERY  TO   THE  YEAR  1732» 

To  which  is  annexed,  a  defcriprion  of  the  country,  with 
a  fhort  account  of  the  inhabitants,  their  reli- 
gious and  political  ftate,  and  the  con- 
ftitution  of  the  courts  of  juf- 
tice  in  that  colony, 

Lo  !  fvv.nrming  o'er  the  new  difcover'd  worlds 
Gay  colonies  extend  j  the  calm  retreat 

Of  undeferv'd  diftrefs.  —  THOMSON. 

Nee  minor  eft  virtus ,  quant  gunerere^  parta  tuerL 

THE    SECOND  EDITION. 

By  WILLIAM   SMITH,  A.M. 


PHILADELPHIA  : 
KKOM    THE    PRESS    OF     MATHEW  CAREY. 
APRIL  9— M  .  D  C  C  .  X  C  1  I. 


To  the  citizens  of  the  united Jlates. 

'^HE  re-publication  of  this  volume  is  the 
firft  part  of  a  plan  undertaken  at  the 
defire  of  feveral  gentlemen  of  tafte,  who 
Vv^ifli  to  fupply  their  libraries  with  liillories 
of  their  native  country.  Should  the  de- 
fign  meet  with  public  encouragement, 
the  moft  valuable  hiftories  of  the  other  pro- 
vinces fliall  be  re-publiflied  in  regular  fuc- 
ceffion  by  the  public's  humble  fervant, 

MATHEW  CAREY. 

l^kilad,  April  9,  179*. 


To  THE  RIGHT  HGNOURABLE 


GEORGE, 

EARL  OF  HALIFAX, 

VISCOUNT  SUNBURY, 

rirft  Lord  Commlffioner  of  Trade  and  Plantations,  Sec,  &c. 
My  Lord, 

I Beg  your  favourable  acceptance  of  this  fhort  account  of 
tlic  ancient  and  prefent  ftate  of  the  province  of  New 
York. 

It  is  not  prefented  for  your  lordfliip's  information. — All 
the  ^vorld  knows,  that  the  affairs  of  the  Britifh  colonies, 
have  been,  for  feveral  years  pai!:,  under  your  principal  di- 
rection :  and  the  wifdoin  of  the  meafures  purfaed  for  their 
prolperiry  and  defence,  are  indifputable  arguments  of  your 
acquaintance  with  their  condition. 

Nor  am  I  induced  to  infcribe  thefe  pages  to  your  lord-- 
Ihip,  by  intcrcft,  the  common  motive  to  addrelles  of  thi;i 
kmd. — Being  therefore  uninfluenced  by  the  principle,  I 
ihall  not  follow  the  example,  of  dedicators  ;  but  fupprefs 
thofe  fentiments  concerning  your  lordfliip,  which  would, 
neverthelefs,  give  offence  only  to  yourfelf,  and  to  thofe  v;ho 
envy  your  talrjits  and  your  virtues,  and  are  enemies  to 
their  effetfls,  your  reputation  and  your  power. 

My  lord,  your  ardent  attention  to  the  American  planta- 
tions, and  aflidnous  labours  for  the'v  protection  and 
growth,  have  iaid  us  under  the  moft  indifpenfible  obliga- 
tions to  gi-atitude. 

Your  lordihip  will  therefore  excufe  me  for  embracing 
tliis  opportunity  to  make  a  public  declaration  of  the  deep 
fenfe  I  have  of  your  kind  offices  to  niy  country,  and  to  do 
royfelf  the  honour  of  teR-fFying,  that 

I  am, 
my  lord, 

your  lordfliip's 

moft  obedient  and 

humble  fervant, 

WILLIAM  SMITH. 

Nrjf  Tork,  %ns  j  $,  1 756, 


PREFACE. 


WHOEVER  confiders  die  number  and  extent  of  the  Bri. 
tifh  colonies,  on  this  continent — their  climai  es,  foil, 
ports,  rivers, riches,  and  number! efs.ad vantages — muft  be  con- 
vinced of  their  vaft  importance  to  Great  Britain  ;  and  be  at 
a  lofs  to  account  for  the  ignorance  concerning  them,  which 
prevails  in  thofe  kingdoms,  whence  their  inhabitants  origi- 
nally fprang.  1  ne  merchants,  indeed,  by  profitable  experi- 
ence, have  not  been  altogether  unacquainted  v/ith  our  trade 
and  our  growth  ;  and  fome  gentlemen  of  an  inquifitive 
tum,  by  the  help  of  their  corrcfpondents,  have  obtained  the 
knowledge  of  many  other  particulars  equally  iirportant.  But 
the  main  body  of  the  people  conceive  of  thefe  plant  ations^ 
under  the  idea  of  wild,boundlers,  inhofpitable,  uncultivated 
deferts  ;  and  hence  the  punifhment  of  a  traiiTportation  hi- 
ther, in  the  judgment  of  moft,  is  though:  not^much  left 
fevcre,  than  an  infamous  death.  Nay,  appealing  to  fadls, 
we  may  fafely  aflert,  that  even  the  p^  blic  boards,  to  whofe 
care  thefe  extenfive  dominions  have  been  more  efpecially 
committed,  attained,  but  lately,  any  tole.  able  acquar"!tance 
with  their  condition.  This  is  the  more  to  be  wonder  ed  at,  as 
it  is  natural  to  imagine,  that  the  king's  governors  h  ive  lla- 
tedly  tranfmitted  full  accounts  of  their  refpeifave  pio^ 
vinces.  The  cafe  has  been  q^iite  otherwifc.  Governments 
were  heretofore  too  often  beftowed  upon  mev.  of  me?.n  parts, 
and  indigent  circumftances.The  former  were  incapable  of , the 
^  talk,  and  the  latter  too  deeply  engrofled  by  the  fordid  vie\TS 
of  private  inteveft^  either  to  purfue  or  ftudy  oui  common 


PREFACE. 


"weal.  The  TV'oi-ft  conr.qufr!ccs  have  refultcd  from  theft 
meafures.  Pcipctual  ^nimofuics  being  engendered  between 
the  governors,  and  the  people  rubjected  to  their  aiithoiity  ; 
^11  ULiempis  lor  conciliating  the  IViend/hip  of  the  Indians, 
momoiiiig  rhc  fur  trade,  lecuring  the  comr.'»aiid  of  the 
lakes,  ])i  Oiedting  the  f  ontiers,  ana  extending  onr  pollelii- 
ons  far  into  the  inhmd  country,  have  too  often  given  place 
to  pa*  ty  p.oj.'  ts  and  contracted  'chemes,  tqually  nlelefs 
find  Ibamtrfjl.  The  conduct  of  the  French  has  been  j all:  the 
revcrfe  :  in  fpire  oi'  all  the  difadvantagcs  of  a  cold  climate, 
?ilongajid  <langeroiis  navigation  up  the  river  of  St.  Law- 
^-ente,  a  lOUgh,  barren,  unlettled*  country,  locked  upfiom 
nil  comrnmiicatipn  with  the  ccean,  the  greateft  part  of  the 
year — I  fay,  TionviLhftandirg  thcl'e  dithculties,  they  liave 
Seized  all  ihe  ;id vantages,  which  we  ha\e  neglecfied.  The 
continent,  far  ma::]'  hundred  leagues,  has  been  thoroughly 
explored — rlie  main  paflcs  fortified — innumerable  tribes  of 
Indians  ciil.c.  won  over  to  their  interellf,  fulxiiied,  or  bri- 
dled— the  fur  trade  en f^  olii-d — a  communication  maintain- 
ed bervvecn  liic  ex  rcnics  of  New  France — the  Britiili  colo- 
nies iellri<5ted  to  ILaiit  limits  along  the  fea  fliore,  v.nd  noth- 
31-  .:;left  remaining  for  the  eflablifhment  of  a  valt  empire^ 
Init  >o  cpc-n  a  free  water  paliage  to  the  ocean,  by  the  con- 
r[urfl  oi  ihe  provmce  of  New  York. 

If  tl;e  govemo'  s  of  thefe  plantations  had  fo^Tucrly  \>ccn 
nnimated  by  the  fame  generous  and  extcnfive  views,  which 
iiifpired  nir.  Burnet ;  the  Icng-projected  defigns  of  ouu 
rommou  enemy  might,  with  the  aid  of  Great  Britain,  have 
Feen  many  yea.  s  ago  f::pplajued,  or  at  leaft  defeated,  at  a 
trifling  expenfe.  But  alas!  little,  tpo  li'tle  attention  has 
been  had  to  thefe  important  afTairs,  till  the  late  encroach- 
ments on  the  1  iver  Ohio,  in  the  province  of  Pentifylvania, 
<;ave  the  alarm,  and  the  miniflry  were  apprifed  of  the 
French  machinations,  by  the  feafonable  reprefcntations  of 
/general  Shirley ;  iind  if  the  colonies  have  now  attracfted 
the  notice  of  his  majefty  r.nd  his  parliament,  their  gratefrd 
acknowledgments  are  due  principally  to  the  noble  lord, 
to  v.hom  thefe  faeets  are  dedicated,  for  his  laudable  enoui- 
lies  into  their  flr.t?,  and  his  indefatigable  zeal  and  induftry 
for  their  defence  and  pvofperity. 

At  prefent  our  affai'-s  begin  to  wear  a  more  fmiljng  af- 
peiit.  We  are  under  the  guardianfliip  cf  a  fovereign,  who 

*      Encore  moins  peuple."  Charlevoix. 
+     Notre  nation,  la  feule,  cjui  ait  cu  le  fccret  de  gagncf 
Faffec'tion  des  Ameriquains."  Charlevoix. 


PREFACE. 


9 


<!cli^its  in  tliC  welfare  of  his  peo]>je ;  are  refpecfted  by  a 
'parliament,  afte<*ted  wich  a  generous  fympathy  for  the  dif- 
trefies  of  their  fellow  fahje^ts,  in  all  their  difjperlions  ;  and 
by  a  \rife  improvement  of  the  Britifli  aids,  it  is  hoped,  we 
fhall  be  able,  to  retrieve  the  ill  confequences  of  our  long, 
reproachful,  and  infenhble  fecurity. 

Formerly  the  colonies  were  at  home  difregarded  and  de- 
fpifed,  nor  can  any  other  reafon  be  affigned  lor  it,  than  that 
they  were  nnknown.  This  is,  in  a  gi  eat  degr  ee,  to  be  im- 
puted to  ourfelves.  If  our  governors- v.  ithhcld  thofe  infor- 
mations, v/hich  their  duty  required  them  to  have  given, 
perfons  of  private  characi^ers  oi'.ght  to  have  undertaken  tha|^ 
ufeful  and  neceilary  talk.  But,  ey.cept  fome  accounts  of  tlic 
rettle:nents  in  theMafiachufctsbay,  andVirginia,all  the  other 
hiftories  of  our  plantations  upon  the  continent,  are  little 
elfe  than  cohecfiions  of  falfehccds,  r.nd  worl'e  than  none. 
That  this  charge  againft  thofe  publilhed  covicerning  this 
pro\-iRce,  in  particular,  can  be  fdlly  fupported,  I  perlhade 
myfelf,  will  inconteftably  appear  f,  om  the  follcKsving  fum- 
niary,  concerning  which  1  fhall  fay  v  few  words. 

Having  been  formerly  concerned,  according  to  an  ap- 
pointment by  aL^t  of  aflembly,  in  a  review  and  digefl:  of  our 
pro\incial  laws,  it  was  the  duty  of  myfelf,  and  my  partner 
in  that  fervice,  to  perufe  the  minutes  of  the  council,  and 
the  journals  of  the  general  aflembly,  from  the  glorious  re- 
volution, at  the  accefion  of  king  William,  to  the  year 
1 751  :  and  as  an  acquaintance  wi  h  our  public  tranfa(ftions, 
was  a  branch  oi'in{trut!tion,  cf  v.  hicha  ihident  for  the  pro- 
feflion  of  the  law  ou^jht  hot  to  be  ignorant,  I  have  fince  re- 
examined ihofe  entries,  beginning  with  the  firit  minutes  of 
council,  and  read  over  many  of  t,he  records  in  the  fecieta- 
ry's  office.  From  thefe  authentic  materials,  the  following 
pages  were,  in  a  great  meafure,  compiled.  For  man}'  cf 
thole  parts,  whicli  concern  our  affairs  with  the  French  and 
ilie  Indians,  antecedent  to  tiie  peace  of  Ryfwick,  in  1697,  I 
am  bound  to  make  libe'al  acknowledgments  to  dr.  Gol- 
den, the  author  of  the  hiftory  of  the  five  nations. 
.  Mr.  Alexander,  a  gentleman  eminent  in  the  law,  and 
equally  diftinguiflied  for  his  humanity,  generofity, .  great 
abilities,  and  honourable  flations,  fuppiied  me  with  fbme 
nfeful  papers  ;  and  has  left  behind  him  a  collection,  that 
will  be  very  ferviceable  to  any  gentleman,  who  may  here- 
after incline  to  continue  this  narrative,  through  the  admi- 
jiiftrations  of  mr.  Cofby,  and  lieutenant  governor  Claike. 
The  draught  of  tkis  wor|c  was  unfiiiifhed,  at  the  time  of 


10 


P   R   K   F   A   C  E. 


mr.  Alexander's  deceafe*  :  and  therefore,  as  it  nc%'er  pnfied 
under  his  exaniinaiion,  many  important  additions  are  lolt, 
V  liich  his  lon;T  and  intimate  acquaintance  with  the  affairs  of 
liiis  province  w  ould  have  enabled  him  to  fupply. 

hen  1  bej^^an  to  frame  this  digeit,  it  was  only  intended 
for  private  nfe  ;  and  the  motives  which  now  induce  me  to 
publifn  it,  are  the  gi  atification  of  the  piefent  thirft  in 
Great  Britain  after  American  intelligences:  contributing, 
as  far  as  this  province  is  concerned,  to  an  accu:-aie  hiftory 
of  the  Britifli  empircf  in  this  quarter  of  the  world  ;  and 
the  profpcc't  of  doing  fbme  hnall  fervice  to  my  country,  by 
Jaying  before  the  public  a  fummary  account  of  its  firfl  rife 
and  prefent  Hate. 

Inllucnccd  by  thefc  views,  I  am  not  fo  regardlefs  of  the 
judgment  of  others,  as  not  to  wifh  it  may  be,  iji  fome  mca- 
furc,  acceptable.  To  plcafe  all  forts  of  readers,  I  know  is 
impoliiole :  lie,  who  writes  with  fuch  hopes,  is  a  ftranger 
to  human  nature,  and  will  be  infallibly  difappcinted.  My 
defign  is  rather  to  inform  than  pleafe.  He,  who  delights 
only  in  patrcs  Oiining  with  illuft;  ions  characters,  the  con- 
tentions ot  armies,  the  rife  and  fall  of  empires,  and  other 
grand  events,  nuill  have  recourfe  to  the  great  authors  of 
antiquity.  A  detail  of  the  littletranfac^tions,  which  co.cema 
colony,  ?cant  in  its  jurildicftion,  and  Hill  ibuggling  with  the 
dilliculiies  naturally  attending  its  infant  ftare,  to  gentle- 
men of  this  tafte  can  furnilh  no  entertainment.  The  cn- 
fiiing  narrative  (for  it  deferves  not  the  nan.e  of  a  hiftory, 
though  for  brevity's  fake  I  have  oriven  it  that  title)  pre- 
fenis  ns  only  a  regular  thread  of  fmiple  facts  ;  and  even 
thofe  nnembelliflied  with  re^exions,  becaufe  they  them- 
lelves  fnggcft  the  proper  remarks :  and  moft  readers  will, 
doubilefs,  be  bell  pleafed  with  their  owti.  The  facred  laws 
of  truth  have  been  infringed  neither  by  pofitive  affertions, 
oblique,  infidious  hints,  wilful  fuppvelfions,  or  corrupt  mif- 
reprefentation.  To  avoid  any  cenfures  of  this  kind,  no 
reins  have  been  given  to  a  wanton  imagination,  for  the  in- 
vention of  plaufible  t'.iles,  fupported  only  by  light  probabi- 
lities ;  but  choofing  rather  to  be  honeft  and  dull,  than  a-* 

*  Ke  died  on  the  2d  of  April,  1756. 

+  As  the  provinces  are  different  in  their  conftitutions, 
and,  with  refpetit  to  government,  independent  of  each 
other  ;  no  general  hldorv'  of  America  can  be  expedled,  till 
gentlemen  of  lelfure,  will  draw  up  particular  accounts  of 
t]ie  rerpectiyc  colonies,  with  which  they  are  acquainted. 


PREFACE. 


II 


treeable  and  falfe,  the  true  import  of  my  vouchers  hath 
een  ftri(ftly  adhered  to  and  regarded. 
With  refpect  to  its  ftyle,  the  critics,  in  that  branch  of 
literature,  are  at  full  liberty  to  condemn  at  their  pleafure. 
The  main  ufe  of  language  is  to  exprefs  our  ideas.  To  write 
in  the  griy,  pleafing  pomp  of  dicftion  is  above  my  capaci- 
ty. If  any  are  dilj3ofed  to  blame  me  for  being  too  verbofe, 
let  it  be  remembered,  that  this  is  the  indefeafible  right  of 
my  prcfeffion,  founded  upon  immemorial prefcription.  Pcr- 
fpicuity  is  all  1  have  endeavoured  to  maintain,  nor  am  I  at 
leifure  to  ftudy  any  higher  attainments  in  language. 


THE 


HISTORY  OF  NEW-YORK. 


PART  I. 


Fram  the  difcovery  bf  the  colo?ty  to  ihe/urfender  in  16^4^ 


CHRISTOPHER  COLUMBUS,  aGenoefe,  employed  by 
Ferdinand  and  Ifabel,  king  and  queen  of  Caftile,  was 
the  firft  diicoverer  of  America*.  He  failed  from  St.  Lucar^ 
in  Auguft,  1492,  and  made  fight  of  one  of  the  Bahama 
illands,  on  the  e'eventh  of  October  following.  Newfound- 
land, and  the  main  continent,  were  difcovered  five  years 
after,  by  Sebaftian  Gabato,  a  Venetian,  in  the  fervice  of 
Henry  VII.  of  England,  from  the  38th  to  the  68th  degi-ee 
of  horth  latitude. 

On  the  tenth  of  April,  1606,  king  James  I.  for  plant- 
ing two  colonies,  palled  the  great  North  and  South  Virgi- 
nia patent.  To  fir  Thomas  Gates  and  others,  leave  was  gi-' 
ven  to  begin  a  plantation,  at  any  place  on  the  continent, 
they  flionkl  thmk  convenient,  between  the  "4th  and  4ifl 
degrees  of  latitude  :  and  all  the  lands  extending  50  miles. 


*  Some  authors  allege,  that  Columbus  fii-fl  offered  his 
fervices  to  the  republic  <)f  Genoa  ;  then  to  John  II.  of  Por- 
tugal, and  afterwards  to  o^r  king  Henry  VU  ;  but  this  dif- 
agrees  with  lord  Bacon's  account,  who  informs  us,  that 
Chriltopher  Columbus  failed,  l^efore  his  brother  Bartholo 
mew  had  laid  the  projecfc  before  the  king,  which  was  o■^^^ng 
to  his  falling  into  tiie  har^ds  of  pirates,  on  his  w  ay  to  £ng* 
Iand<  C 


THE  HISTORY 


on  each  fide,  along  the  coall,  loo  miles  into  the  country, 
and  all  the  ilhiiuis  w  iLhin  loo  miles,  oppofite  to  theiv  plau- 
tations,  were  i^ranted  in  tee,  to  be  called  the  firll  colony. 
By  the  fame  patent,  a  like  quantity  was  gi  anted  to  Tho- 
mas llenhani,  elij ;  and  others,  for  a  plantation  between  38 
and  45  degrees  of  latitude,  under  the  name  of  the  lecond 
colony.  The  tirlt  began  a  lettlement  in  the  great  bay  (Clicf- 
apeak)  in  1607.  The  latter  was  planted  at  Plymouth  in 
New-England,  1620. 

Henry  Ihulfon,  an  Englifhman,  according  to  our  au- 
thors, in  the  year  1608*,  under  a  commimon  from  the 
king  his  mailer,  dilcovered  Long  Uland,  Ncv/-York,  and  the 
l  iver  which  Hill  bears  his  name  ;  and  afterwards  fold  the 
country,  or  rather  his  right,  to  the  Dutch.  Their  writers 
contend,  that  Hudfon  was  lent  out  by  tlie  Kaft-India  com- 
pany, in  1609,  to  difcover  a  north-well  jxiilage  to  China  ; 
and  that  having  fuft  difcovcrcd  Delaware  Bay,  he  came 
luiher,  and  penetrated  up  Hudfon's  river,  as  tar  north  as 
ihe  latitude  of  43  <^  .  It  is  faid,  hov/ever,  that  there  was  a 
fale,  and  that  the  Englhh  objected  to  it,  though  they  for 
Tome  time  neglected  to  oppofe  the  Dutch  lettlement  of  the 
country. 

In  i6ro,  Hudfon  (Iiiled  again  from  Holland  to  this  coufi- 
ti-y,  called  by  the  Dutch,  New- Netherlands  ;  and  four 
years  after,  the  ftates  general  granted  a  patent  to  fundry 
merchants,  for  an  exclulive  trade  on  the  North  river,  who 
in  1^14  built  a  fort  on  the  well  fide,  near  Albany,  which 
was  firlt  commanded  by  Henry  ChrilHaens.  Captain  Argal 
v.as  fent  our  by  fir  Thomas  Dale,  governor  of  Virginia,  in 
the  lame  year,  to  difpoflels  the  French  of  the  two  towns  of 
Port  royal  and  vSt.  Croix,  lying  on  eacii  fide  of  the  bay  of 
Fund;',  in  Acadi.t,  then  claimed  as  part  of  Virginiaf .  In 
his  return,  he  vifited  the  Dutch  on  Hudfon's  river,  who,  be- 
ing unable  to  refill  him,  prudently  fubmitted  for  the  pre- 
fcnt  to  the  king  of  England,  and  mider  him  to  the  governor 


*  Charlevoix,  a  French  Jefuit,  author  of  the  general  hif- 
tory  of  New  France,  thi:ilv:5  this  difcovery  was  in  1609,  Vol. 
1.  12  ^  .  edition,  p.  221.  But  Stith,Douglafs,Oldinixen,  and 
other  Engl  iih  writers  agree,  that  Hudfon's  firft  voyage  was 
in  the  preceding  year. 

f  Charlevoix  places  this  tranfadtion  in  161;.  Vol.  I.  Hifl. 
of  N.  France  in  12°  ,  p.  210.  But  Stith,  whom  I  follow, 
being  a  clergyman  in  Virginia,  had  greater  advantages  of 
knowing  the  truth  than  the  French  Jefuit. 


OF    NEW  YORK. 


of  Virginia.  The  very  next  year,  they  erected  a  fort  oi) 
the  fouth-weft  point  of  the  iflancl  Manhattans  ;  and  two 
others,  in  1623 — one,  called  Good- Hope,  on  Connecticut 
river,  and  the  other  Nallau,  on  the  eail  fide  of  Delaware 
bay.  The  author  of  the  account  of  New-Neiherland  :j:  af- 
ferts,  that  the  Dutch  purclialed  the  lands  on  both  fides  of 
that  river  in  1632,  before  the  Englifli  were  fettled  in  thofe 
parts  ;  and  that  they  difcovered  a  little  frefh  river,  farther 
to  the  eait,  called  Varfche  Riviertie,  to  difthiguifli  it  from 
Conne<fticut  liver,  known  among  them,  by  the  name  of 
Varfche  rjvicr,  which  Vanderdonk  alfo  claims  for  the 
Dutch. 

Determined  upon  the  fettlcmcnt  of  a  colony,  the  ftates 
genei'al  made  a  grant  of  the  countiy,  in  16  21,  to  the  Weft- 
India  company.  Wouter  Van  Twiller  arrived  at  fort  Am - 
fterdam,  now  New-York,  and  took  upon  himfelf  the  go- 
vernment, in  June,  1629.  His  ftylc,  in  the  patents  granted 
by  him,  was  thus,  We,  dircd:or  and  council,  refiding  in 
Nev/-Netherland  on  the  ifland  Manhattans,  under  the 
government  of  their  high  mightinelles,  the  lords  fcates 
general  of  theunited  Netherlands,  and  the  pi  ivilegcd  Wcft- 
India  company."  In  his  time,  the  New-England  planters 
extended  their  poflcffion  weftward  as  far  as  Connedticut 
river.  Jacob  Van  Curlet,  the  commiflary  there,  prp- 
tefted  againlt  it,  and  in  the  lecond  year  of  the  fucceeding 
adminiltration,  under 

William  Kieft*,  who  appears  firft  in  1658,  a  prohibi- 
•  tion  was   ifiiied,  forbidding    the   Knglifh  trade  at  fort 
Good-Hope  ;  and  fhortly  after,  on  coi  r>laint  of  the  info- 


:]:  The  pamphlet  is  entitled,  Befchryvinghe  van  Vir- 
ginia, Neiuw  Nederland,"  &:c.  and  was  printed  at  Am- 
llerdam  in  1651.  It  contains  two  defcriptions  of  the  Dutcli 
pofieflions.  The  fii-fV  is  a  copy  of  that  publifhed  by  John  de 
Laet  at  Leyden.  The  fecond  gives  a  view  of  this  country 
feveral  years  after,  in  1649.  A  fhort  reprefcntation  of  the 
country  of  the  Mahakuafe  Indians,  written  in  1644,  by  John 
Megapolenlis,  jun.  a  Dutch  minifter  refiding  here,  is  annex- 
ed to  that  part  of  the  pamphlet  concerning  New-N ether- 
land. 

*  We  have  no  books  among  our  Dutch  records  remain- 
ing in  the  fecretary's  office,  relating  to  ftate  matters,  be- 
•  fore  K left's  time,  nor  any  enrolment  of  patents,  till  a  year 
after  Van  Twiller  arrived  here.  Mr.  Jacob  Goelet  fuppli. 
cd  us  with  feveral  extratfts  from  the  Dutch  records. 


THE  HISTORY 


Icncc  of  the  Englilh,  an  order  of  council  was  made  for  fcn<U 

ing  more  forces  there,  to  iiiaiiitain  the  Dutch  territoiies. 
Dr.  Mather  coiifelles,  that  the  New- England  men  firit 
formed  tlieir  deiigii  of  cttlmg  Conneifticut  river,  in  1635, 
before  which  time,  they  ellcemed  that  rjver,  at  leali  100 
miles  from  any  tnglilh  fettlement  ;  and  that  they  lirlt  feat- 
cd  themleh  es  there,  iii  i6'?6,  at  Hartford,  near  fort  Good- 
Hope,  ac  Weathersfield,  Windfor,  ?nd  Springfield,  tour 
yeirs  after,  they  fcized  the  Dutch  garrifon,  and  drove 
them  from  the  banks  of  the  river,  havuigfirtt  fettled  New- 
Haven  ill  163!^,  regardlefs  of  Kieft's  proteil  againit  it. 

The  ex'.ent  of  New-Nctherhmd  was  to  Delaware,  then 
called  South  river,  and  beyond  it  ;  for  I  find,  in  the  Dutch 
records,  a  copy  of  a  letter  from  William  Kieft,  May  6, 
directed  to  Fcter  Minuit  f,  who  feems,  by  the  tenor 
of  it,  to  be  the  Swcdhh  governor  of  New. Sweden,  aliert- 
in-T,  that  the  whole  South  liver  of  New-Netherlands, 
h^d  been  in  he  Dutch  pofljlfion  many  years  above  and  be- 
low,   bcfer    with  forts,  and  fealed  with  their  blood." 

Wiiich,"  Kiefu  adds,  *'  has  happened  even  during  your 
ad  ninirtrratioa  in  New-Netherland,  and  fo  well  known 
toyoi." 

The  Dutch  w  iters  a^e  not  agreed  in  the  extent  of  No- 
'▼a  Bel;ria,  or  Ncw-Nethcrland  ;  fome  defcribe  it  to  be  from 
Virfrini  I  to  Canada  ;  and  others  inform  us,  that  the  arms 
of  the  :ti^es  <Te  -eral  were  erected  at  Cape  Cod,  ConneCcicut, 
and  H'ldfon  s  ;iver,  and  on  the  weft  fide  of  the  entrance 
inro  D'dawa.  e  bay.  The  author  of  the  pamphlet  mention- 
ed in  rhe  uo~cs,  gives  Canada  river  for  a  boundary'  on  the 

■ 

f  The  anonymous  Dutch  author  of  the  defcription  of 
New-Netheiland,  in  1^49,  calls  him  Minnewits  ;  and  adds, 
that  in  1638,  he  arrived  at  Delaware  with  two  veflels, 
p-etending  tha:  he  touched  for  refrcfhnient  in  his  way  to 
the  %V eft-Indies  ;  bur  that  he  foon  threw  off  the  difguife, 
by  employing  his  men  in  erecting  a  fort.  The  fame  liifto- 
rian  informs  us,  of  the  murder  of  feveral  Dutchmen,  at 
So  /  h  river,  by  the  Indians,  occafioned  by  a  quarrel,  con- 
C'jrning  the  taking  away  the  ftates'  anns,  which  the  for- 
mer had  eredled  at  tlie  firft  difcovery  of  that  country  ;  in 
refenting  which,  an  Indian  had  been  killed.  If  Kieft's  let- 
ter alludes  to  this  aflair,  then  Minuit  preceded  Van  TwiU 
ler,  in  the  chief  command  here  ;  and  being  perhaps  difo- 
bliged  by  the  Dutch,  entered  into  the  fervice  of  the  t^ueen 
pf  Sweden, 


r    N  E  We  Y  O  R  K. 


17 


north;  and  trails  the  cguntiy,  nortk-weft  from  Albany,  Ter- 
ra Incognita. 

In  1640,  the  Englilh,  who  had  ovdrfpread  the  eaftem 
part  of  Long  Ifland,  advanced  to  Oylleibay.  Kieft  broke 
up  their  fcttlement  in  1642,  and  ficued  out  two  hoops  to 
drive  the  tnglifli  out  of  Jvchnylkill,  of  which  the  Mary- 
landeis  had  lately  poflcfled  themfelves.  1  he  in.irucrions, 
dated  May  22,  to  j  an  j  an  fen  x/ipendam,  who  commanded 
in  that  enterprife,  are  upon  record,  and  ft;ongly  allert  the 
right  of  the  Dutch,  bo:h  to  the  foil  and  traae  there.  The 
Lnglifh  from  the  eailward  fhoi  ily  afier  fent  deputies  to 
Nevv-x'\miterdani,  for  the  accommodation  of  their  difputesa- 
bout  limits,  to  whom  the  Dutch  offered  the  following  con- 
ditions, entered  in  their  books  exactly  in  thcfe  words  : 

Conditiones  a  D.  Direclore  gen.  fenatus  No^"i  Belgii, 
Dominis  Weytingh  atque  Hill,  Delegatis  a  nobili  fenatu 
Hartfordienfi,  oblatse  : 

Pro  agro  noftro  ?Iarrfordienfi,  annuo  perfolvent  prcc-. 
potentiir.  D.  D.  Ordinihus  Feed.  Provincianam  Belgica- 
rum  aat  eoram  vicaiiis,  dccmiam  partem  reventus  agro- 
rum,  turn  aratro,  turn  ligone,  aliove  cultorum  medio  ; 
pomariis,  hortifq ;  olcribiis  dicaris,  jugerum  Hollandium, 
non  CKcedentibus  exceptis  ;  aut  decimarum  loco,  p  etium 
iH>bile  poftea  conftiritendnm,  tarn  diu  qiiam  din  poflefibi'es 
ejnfdem  agri  futuri  erunt.  Ac^tum  in  arce  Amftelodamenli 
in  novo  Belgio,  die  Jnlii  9,  anno  Chrifti  1642." 

We  have  no  account,  that  the  Englifh  acceded  to  tliefe 
propofals,  nor  is  it  probable,  confidering  their  fnperior 
ftrength,  that  they  ever  did  :  on  the  contrary,  they  daily 
extended  their  pofleiSons  ;  and,  in  1645,  the  colonies  of 
the  Maflachiifet's  bay,  Plymouth,  Connccliciit,  and  New- 
Haven,  enteved  into  a  league  both  againft  the  Dutch  and 
Indians,  and  grew  fo  powerful  as  to  meet  fhortly  afrer, 
upon  a  defign  of  extirpating  the  forn^er.  Tiie  Maflachufet's 
bay  declined  this  ente^-prife,  which  occafioned  a  letter  to 
Oliver  Cromwell,  from  William  Kooke,  dated  at  New-Ha- 
ven, November  5,  1653,  in  which  he  complains  of  the 
Dutch,  for  fupph  ing  the  natives  with  arms  and  ammuni- 
tion, begs  his  affiftance  with  two  or  three  frigates,  and 
that  letters  might  be  fent  to  the  eafte'  n  colc  iies,  command-, 
ing  them  to  join  in  an  expedition  againll  the  Dutch  colony, 
Oliver's  aflFairs  would  not  admit  of  fo  diftant  an  attempt*  : 


*  The  war  between  him  and  the  ftates,  which  began  in 


THE  HISTOHY 


but  Rfchard  Cromwell  aftenvards  drew  up  infl:ni(^ioii« 

ter  his  commanders  for  fubduijig  the  Dutch  here,  and  \vrotc 
fetters  to  the  Rnglilh  American  governments  for  tlicir  aid  ; 
copies  of  which  ai*e  preferred  in  fliuiioe's  colled"tion,  Vol. 
].  p.  721,  t^c. 

Peter  Stnyvefant  was  the  laft  Dutch  j^overnor  ;  and 
though  he  liad  a  commilfion  in  1646,  he  did  not  begin  his 
adminiltration  till  May  27,  1^47.  'i  he  inioadsand  claims 
upon  his  government,  kept  him  conftanlly  employed.  New- 
England  on  the  ealt,  and  Mar/land^  on  the  weft,  alarmed 
his  fears  by  their  daily  incrcafe  ;  and  about  the  fame  time, 
captain  Forredcr,  a  Scotchman,  claimed  Lon^  Hland  for 
the  dowager  of  Stirling.  The  Swedes  too  were  perpetual- 
ly incroaching  upon  Delaware,  rh'.  o'igii  the  unH^ilfidnefs 
of  the  m;Ue,  one  Defwyck,  a  Swedifii  raptaiiiand  fupercar- 
pp,  aniii|p  in  Raritan  river.  Ti:e  I'nipwas  feized,  and  him- 
felfcmade  a  i^rifoner  at  New-Amlteidam.  Stuyvefant's  rea- 
fr.ns  were  thefe.  In  1651,  the  l^utch  built  fort  Cafimir, 
now  called  Newcaflle,  on  Delaware.  The  Swedes,  indeed, 
claimed  tlie  counti-y,  and  Printz,  their  governor,  formally 
protefted  againft  the  works.  Rifnigh,  his  fucceflbr,  under 
The  difguife  of  friendfhip,  came  before  the  fortrefs,  fired 
rvvo  falutes,  and  landed  30  men,  who  were  entert'ined  by 


July,  i6>2,  ^as  concluded  by  a  peace  on  the  fifth  of  April, 
1654.  The  treaty  makes  no  particular  mention  of  this 
country.  If  any  part  of  it  can  be  conlidered  as  relating  to 
the  American  polleffions,  it  is  to  be  found  in  the  two  firft 
articles,  which  are  in  thefe  words  :  "  Imprimis,  it  is  a- 
grecf^  and  concluded,  that,  from  this  day  forwards, 
there  be  a  true,  firm,  and  inviolable  peace,  a  fincere,  in- 
timate, and  clofe  friendfhip,  affinity,  confederacy,  and 
union,  betwixt  the  republic  of  P^ngland  and  the  ftates 
general  of  the  united  provinces  of  the  Netherlands,  and 
the  lands,  countries,  cities,  and  towns,  mider  the  domi- 
nions of  each,  without  diftincTiion  of  places,  together 
with  their  people  and  inhabitants,  of  whatfoever  degree. 

II.  "  That  hereafter  all  enmity,  hoflility,  difcord,  and 
contention,  betwixt  the  faid  republics,  and  their  people 
and  fubjeAs,  fliall  ceafe  ;  and  both  parties  fhall  hence- 
for wards  abftiain  from  the  committing  all  manner  of  mif- 
chief,  plunder,  and  injuries,  by  land,  by  fea,  and  on  the 
frefh  waters,  in  all  their  lands,  countries,  dominions, 
places,  and  governments  whatfoever.'* 


OF    N  E  W  -  Y  O  R  K. 


19 


the  commandant  as  friends  :  but  he  had  no  fooner  difco- 
vered  the  weaknefs  of  the  garrifon,  than  he  made  himfelf 
mafter  of  it,  feizing  alfo  upon  ail  the  ammunition,  houles, 
and  other  effeAs  of  the  VVeit-India  company,  and  compel- 
ling feveral  of  the  people  to  fwear  allegiance  to  Chriftina, 
queen  of  Sweden.  The  Dutch,  in  1655,  prepared  to  retake 
foit  Cafimir.  Stuyvefant  commanded  the  forces  in  perfon, 
and  arrived  with  them  in  Delaware,  the  9th  of  September. 
A  few  days  after,  he  anciiored  before  the  garrifon,  and 
landed  his  troops.  The  fortrefs  was  immediately  demanded 
as  Dutch  property  :  Suen  Scutz,  the  commandant,  delired 
leave  to  confult  Rifingh,  which  being  refufed,  he  furrender- 
ed  the  i6th  of  September  on  articles  of  capitulation.  The 
whole  ftreiigth  ol  the  place  confined  of  four  carxuon,  four- 
teen pounders,  five  (wivels,  and  a  parcel  of  fmall  arms, 
which  we  e  all  delivered  to  the  conquered,  t  qjL^^hiiftina 
was  commanded  by  Rilingh.  Stuyvefant  camebefore  it, 
and  Rifingh  farrendered  it  upon  terms,  the  25th  of  Septem- 
ber. The  country  being  thus  fubdued,  the  Dutch  governor 
ifliieda  proclamation,  in  favour  of  fuchof  the  inhabitants,  as 
would  fubmitto  the  new  government,  and  about  30  Swedes 
fwore,  fidelity  and  obedience  to  ^he  Hates  general 
the  lords  dired:ors  of  the  V/efl-India  company,  their 
fubalcems  of  the  province  of  New-Netherlands,  and  the 
dire(5tor  general  then,  or  thereafter,  to  be  eilablifhed." 
Rinngn  and  one  Elfwych,  a  trader  of  note,  were  ordered 
to  France,  or  Ei.gland,  and  the  rell  of  the  Swedifh  inhabi- 
taiats  to  Holland,  and  from  thence  to  GotlcDberg.  The 
Swedes  beino;  rhus  extirpated,  the  Dutch  became  polfefled 
of  the  weft  hde  of  Delaware  bay,  now  called  the  Three 
lower  counties. 

This  country  was  afterwards  under  the  command  of 
lieutenant-governors,  fubjecx  to  the  coniroul  of,  and  com- 
milfioned  by,  the  director  general  at  New-Amfterdam.  Jo- 
han  Paul  Jaquet  was  the  firft  vice  director,  or  lieutenant- 
*■  governor,  of  South  river.  His  fucceflbrs  were  Alricks,  Hinc-! 
jofla,  and  William  Beekman.  The  pofterity  of  the  laft  re- 
mains amongft  us  to  this  day.  Thefe  lieutenants  had  powe^; 
to  grant  lands,  and  their  patents  make  a  part  of  the  ancient 
titles  of  the  prefent  pofleilors.  Alricks'  commiffion,  of  the 
I2th  of  April,  1657,  ftiows  the  extent  of  the  Dutch  claim 
on  the  weft  fide  of  Delaware  at  that  tim.e.  He  was  appoint- 
ed "  direc'tor  general  of  the  colony  of  the  South  river  of 
New-Netherlands,  and  the  fortrefs  of  Cafimir,  now  called 
Niewer  Amftel,  with  all  the  lands  depending  thereon, 
accordiiig  to  the  iiift  puaxhafe  and  deed  of  releafe  of  the 


YHE  HrsTORY 


natives,  dared  Jnly  19,  1651,  beginning  at  the  wcfV  fide 
of  the  Miiiquaa,  or  ChrilUna  kihi,  in  the  Indian  laiiguagcJ 
named  Sulpccough,  to  the  mouth  ol'  the  bay,  or  river,  cal- 
le(l  Hompt-tlook,  in  the  Indian  language,  Cannaredc  ;  and 
lb  far  inl;;n.l  as  the  bounds  and  limits  of  the  Minquaas 
land,  w'liiX  all  the  Ihcanis,  ^c.  appurtenances  and  de- 
pCiulencies."  Of  the  country  nonhward  of  the  kiln,  no 
mention  is  made.  Orders  in  16 58  were  given  co  William 
Bec^.man  to  purchafc  C  aj)e  Hinlopen  from  the  natives,  and 
to  fettle  ancl  fortify  ir,  which,  for  want  of  goods,  was  not 
done  till  the  fucceeding  year. 

In  tlie  year  1659,  fi  cfli  troubles  arofc  fro.n  the  Maryland 
claim  to  the  lands  on  South  river  :  and  in  September,  colo- 
nel Nathaniel  Utie,  as  conimiHioner  from  Fcndal,  lord  Halti- 
m ore's  g||Knior,  arnved  at  Niewcr  Amftcl  from  Maryland. 
The  c^o^Ik''  ^vas  ordered  to  be  evacuated,  lord  Baltimore 
claiming  all  the  Ian  J,  between  38  and  40  degrees  of  lati- 
tude, f:  om  fea  to  fea.  Bcekman  and  his  council  demanded 
evidence  of  his  lordihip's  right,  and  offered  to  prove  the 
ftates  general's  giant  to  the  Weft-India  company,  their 
payaicnt  to  them,  for  the  land  and  pofleflion  ;  and  n])on 
the  whole,  propoled  to  refer  the  controverfy  to  th^  repub- 
lics of  i\nvThnid  and  Holland,  praying,  at  the  fame  time, 
three  weeks  to  confiilt  Stuyvefant,  the  general.  The  com- 
minioner,  notwithftanding,  a  few  clays  after,  warned  him 
to  draw  off,  beyond  latitude  40^  :  but  Beekman  difrega^d- 
ed  the  threat.  Colonel  Utie  thereupon  returned  to  Mary- 
land ;  and  an  immediate  invafion  was  expecfted. 

Early  in  the  fpring  of  the  year  1660,  Nicholas  Varleth, 
and  B  ian  Newton,  wxre  difpii'ched  from  fort  Amfterdam, 
to  Virginia,  in  quality  of  ambailadors,  w  i  h  full  power  to 
open  a  trade,  and  conclude  a  league,  offenfivc  and  defenfive, 
againfb  the  barbarians.  William  Berckley,  the  governor, 
gave  tiiem  a  kind  reception,  ^nd  approved  their  propofal 
of  peace  and  commerce,  which  fir  Henry  Moody  was  fent 
here  to  agree  upon  and  peifedt.  Four  articles,  to  that  jmr- 
pofe,  were  drawn  up,  and  fent  to  the  governor  for  confir- 
mation. Stuyvefant  artfidly  endeavoured,  at  this  treaty, 
to  procure  an  acknowledgment  of  the  Dutch  title  to  the 
country,  which  Eerckley  as  carefully  avoided.  This  was  his 
nnfwer. 

"Sir, 

I  iiave  received  the  letter,  yon  were  pleafed  to  fend 
me,  by  mr.  Mills  his  veflel,  and  fliall  be  ever  ready  to 
comply  with  you,  in  all  acts  of  neighbourly  friendfhip 
and  amity.  But  truly,  fir,  you  deiircme  to  do  that,  con- 


OF    NEW -  YORK. 


«6rniii2  yotir  titles,  and  claims  to  land  in  this  noithem 
part  of  Ameiica,  which  I  am  in  no  capacity  to  do  ;  for  I 
am  but  a  fervant  of  the  aflembly's  :  neither  do  they  arro- 

f ate  any  power  to  themfelves,  farther  tlian  the  miferable 
iftracftions  of  England  force  them  to.  For  when  God 
fhall  be  pleafed  in  his  mercy,  to  take  away  and  diiiipate 
the  unnatural  divifions  of  their  native  country,  they  will 
immediately  return  tO  their  own  profefled  obedience. 
What  then  they  fhould  do  in  matters  of  contra(ft,  do- 
nation, or  confefiion  of  right,  would  have  little  llrengtli 
or  fignification  ;  much  more  prcfumptive  and  impertinent 
would  it  be  in  me  to  do  it,  without  tlieir  knowledge  or 
aflent.  Wefliallvery  Ihortly  meet  again,  and  then,  if  to 
them  you  fignify  your  defires,  I  (hall  labour  all  1  can,  to 
get  you  a  latisfa(5tory  anfwer. 

1  am,  fir^ 

Virginia,  Au-        *^  Your  humble  fervant, 
gull  20,  i66o.  William  Berckle  y." 

Govenior  Stuyvelant  was  a  faithful  fervant  to  the  Weft- 
India  company  :  this  is  abundantly  proved  by  his  letters  to 
them,  exciting  their  care  of  the  colony.  In  one,  dated  April 
-2o,  i66o,  which  is  very  long  and  pathetic,  reprefent- 
ing  the  defperate  fituation  of  affairs  on  both  fides 
of  the  New-Netherland,  he  writes,  your  honours  ima- 
gine, that  the  troubles  in  England  v^ill  prevent  any  at^ 
tempt  on  thefe  parts  :  alas  !  they  are  ten  to  one  in  num- 
ber to  us,  and  are  able,  without  any  afliftance,  to  deprive 
us  of  the  country  when  they  pleafe."  On  the  25th  of 
June,  the  fame  year,  he  informs  them,  that  the  demands, 
encroachments,  and  ufurpations,  of  the  Englilh,  give 
the  people  here  great  concern.  The  right  to  both  rivers, 
fays  he,  by  purchafe  and  pofleflion,  is  our  own,  without 
difpute.  We  apprehend,  that  they,  our  more  powerful 
neighbours,  lay  their  claims  under  a  royal  patent,  which 
we  are  unable  hitherto  to  do  in  your  name  Colonel 


*  If  we  fhould  argue,  from  this  letter,  that  the  Weft-In- 
dia company  had  no  grants  of  the  New  Netherlands,  from, 
the  ftates  general,  as  fome  fuppofe,  we  difcredit  De  Laet's 
hiftory,  dedicated  to  the  ftates  in  1624,  as  well  as  all  the 
Dutch  writers,  and  even  Stuyvefant  himfelf ,  who  in  his 
letter  to  Richard  Nicolls,  at  th«  furrender,  aflerts  that  they 
laad  a  grant,  and  fhowed  it  under  feal  to  the  Englifh  depu- 
ties. But  the  genuine  conftrudrion  of  the  Dutch  governor's 
letter,  is  this,  chat  in  1660,  he  had  not  the  patent  to  th* 

D 


23 


THE  IIISTOHY 


Utie  being  unfaccefsful  the  lalV  year,  in  his  cmbaffy  for  the 

evacuation  oKtbe  Dutch  poiielHoni*  on  Delaware,  lord  Balti- 
more, in  autumn  1660,  applied,  by  captain  Neal,  his  a<»,ent, 
to  the  Wcfl-Intlia  company,  in  Holland,  for  an  order  on 
the  inhabitants  of  South  river,  to  fubmit  to  his  authority, 
which  they  ablblutely  refufed,  aflerting  their  right  to  that 
pan  of  their  colony. 

The  Kni;]ifh,  from  New.  Enj^land,  were  every  day  en- 
croarhinjT  upon  the  Dutch.  1  he  following  letter,  from 
Stnyvcfant  to  the  Welk  India  company,  dated  July  21, 
T6Sr,  fliows  the  lla  e  of  the  colony  at  tliat  time,  on  lx)th 
fides.  **  We  have*  not  yet  begun  tlie  fort  on  Long-Hland, 
near  Oyflierbay,  becaufe  our  neighbours  lay  the  boundaries 
a  mile  and  a  half  more  weftei  ly,  than  we  do  ;  and  the  more, 
a<;  vour  honou'  s,  by  your  advice  of  December  24,  are  not 
inclined  to  Itand  by  the  treaty  of  Hartford,  and  propofe  to 
(ue  for  redrcls  on  LongHland  and  the  Frc^i  Water  river,  by 
means  of  the  Hates'  ambatiiidor.  Lord  Sterling  is  faid  to 
iblirit  a  confirmati'^n  of  his  right  to  all  Long  Ifland,  and 
importunes  the  prefent  king,  to  confirm  the  grant  made  by 
his  royal  father,  which  is  afhrmed  to  be  already  obtained. 
But  more  probable,  and  material,  is  the  advice  froai  Mary- 
land, that  lord  Baltimore's  patent,  which  contains  the  fouth 
part  of  South  river,  is  confirmed  by  the  king  and  publifhed 
in  print  :  that  lord  Baltimore's  natural  brother,  who  is  a 
rio;id  papill,  being  made  governoi'  there,  has  received  lord 
Baltimore's  claim,  and  protelt  to  your  honours  in  council, 
(wherewith  he  feems  but  little  latisfied)  and  has  now  more 
hopes  of  f?iccefs.  We  have  advice  from  England,  that  there 
is  an  liivafion  intended  agaijdt  thefe  parts,  and  the  country 
folicited  of  the  king,  the  duke  and  the  parliament,  is  to  be 
annexed  to  their  dominions  ;  and  for  that  purpofe,  they 
defire  three  or  four  frigates,  perfuading  the  king,  that  the 
company  poflefled  and  held  this  coimtry  under  an  unlaw- 
ful title,  having  only  obtained  of  king  James,  leave  for  a 
watering  place  on  Staten  Ifland,  in  162;." 

In  Augnft  166:! ,  a  fhip  arrived  from  Holland  at  South 
river,  with  new  plantei-s,  ammunition,  and  implements  of 
hufbandry.  Lord  Baltimore's  fon  landed  a  little  after,  and 
was  entertained  by  Beekman  at  Niewer  Amflel.  This  was 
Charles,  the  fon  of  Cerilius,  who  in  1661,  had  procured  a 
grant  and  confiimation  of  the  patent,  pafled  in  favour  of 


Weft-India  company,  to  lay  before  the  Englifh  in  America, 
who  difputed  the  Dutch  right  to  tliis  country. 


O  r   N  E  W-Y  O  R  K. 


23 


his  father  in  1632.  The  papifiical  principles  of  the  Baki- 
more  family,  the  charge  oi  colonizing,  the  pa  Uamenta,  y 
war  with  Charles  1.  and  Oliver's  uluipaticn,  all  conl'piied 
to  impede  the  lettlement  of  Maryland,  till  the  year  1 661, 
And  thefe  confiderations  account  for  the  extenlion  of  tiiC 
Dutch  limits,  on  the  welt  lide  of  Delawaie  bay. 

While  the  Dutch  were  contending  with  their  European 
neighbours,  they  had  the  art  always  to  maintain  a  friend^ 
fliip  wiih  the  natives,  until  the  war  wiiich  broke  out  this 
year  with  the  Indians  at  Eibpus,  now  U  liter  county.  It  con- 
tinued, however,  but  a  ftiort  feafon.  The  five  nations  never 
gave  them  any  diihubance,  which  was  owing  to  their  con- 
tinual wars  with  the  French,  who  fettled  at  Canada,  in 
1603.  I  have  before  obferved,  that  Oliver  Cromwell  was 
applied  to,  for  his  aid  in  the  reduction  of  this  country,  and 
that  his  fon  Richard  took  fome  Heps  towards  accompUlliing 
the  fcheme.  The  work  was  howev-r  refei'\ed  for  the  reign 
of  Charles  II.  an  indolent  priwce,  and  entirely  given  up  cO 
pleafure,  who  was  driven  to  it,  more,  perhaps,  by  the  dlf- 
inerences  then  iubfiUing  between  England  and  Holland,  tiian 
by  any  motive  that  might  reHedt  honour  upon  his  prudence, 
adiivity,  and  public  fpirit.  Before  this  expedition,  the  king 
granted  a  patent,  on  the  I2cii  of  March,  1664,  to  his  brother 
the  duke  of  York  and  Albany,  for  fundry  tra«fts  of  land  in 
America,  the  boundaries  of  which,  becaufe  they  have  given 
rife  to  important  and  animated  debates,  it  may  not  be  im- 
proper to  tranfcribe. 

All  that  part  of  the  main  land  of  New-England,  begin- 
ning at  a  certain  place,  called  or  known  by  the  name  of  St, 
Croix,  next  adjoining  to  New-Scotland  in  Ameiica,  and 
from  thence  extending  along  the  fea  coaft,  unto  a  certain 
place  called  Pemaquie,  or  Pem.eqoid,  and  fo  up  the  river 
thereof,  to  the  furtheil  head  of  the  fame,  as  it  tendeth 
northward  ;  and  extending  from  thence,  to  the  river  of 
Kimbequin,  and  fo  upwards,  by  the  fliorteft  conrfe,  to  the 
river  Canada,  northward  :  and  alfo  all  that  ifland,  or  iflands, 
commonly  called  by  the  feveial  name  or  names  of  A'eiio- 
wacks,  or  Long  Illand,  lituate  and  being  towards  the  weft 
of  cape  Cod,  and  the  narrow  Higanfetts,  abutting  upon  the 
main  land,  between  the  two  rivers,  there  called  or  known 
by  the  feveral  names  of  Connecfticut  and  Kudfon's  river, 
together  alfo  with  the  faid  river,  called  Hudfon's  river,  and 
all  the  land  from  the  weft  fide  of  Connecticut  river,  to  the 
eaft  fide  of  Delaware  bay,  and  alfo,  all  tliofe  feveral  illands, 
called  or  known  by  the  names  of  Mamin's  Vineyard, or  Nan- 
tuck's,  otlierwife  Nantucket  ;  togethei',  &c," 


THE  HISTORY 


Part  of  this  tract  was  conveyed  by  the  duke,  to  John  Lord 
Berkley,  baron  of  Stratton,  and  fir  George  Carteret,  of  Sal- 
trum,  in  Devon,  who  were  then  nicnjbers  of  the  king'» 
council.  The  leafe  was  for  the  confideration  of  ten  fhil- 
lings,  and  daicd  the  2;d  of  June,  1664.  The  rcleafe,  dated 
tl^  next  day,  mentions  no  particular  funi  of  money,  as  a 
confideration  for  the  grant  of  the  lands,  which  have  the  fol- 
lowing dclbription. 

All  that  travit  of  land,  adjacent  to  New-England,  and 
lying  and  being  to  the  wcllward  of  Long  llland,  and  bound- 
ed on  the  ealt  part  by  the  main  lea,  and  partly  by  Hudfon's 
river  ;  and  hath,  )ipon  the  welt,  Delaware  bay,  or  river, 
and  extendeth  fouthward,  to  the  main  ocean  as  far  as  Cape 
JVIay,  at  tlic  mouth  of  Delaware  bay  :  and  to  the  north- 
ward, as  far  as  the  northermoll  branch  of  the  faid  bay  or 
river  of  Delaware,  w  hich  is  forty  one  degrees  and  forty 
minutes  of  latitude  :  wiJch  faid  tradt  of  land  is  hereafter 
to  be  called  by  the  name,  or  names,  of  Nova  Caefarea,  or 
Kew- Jerfey. 

Thus  the  New  Netherlands  became  divided  into  New- 
Jcrfey,  fo  cr^lled  after  the  ille  of  Jerfey,  in  compliment  to 
iir  George  Carteret,  whofe  family  came  from  thence  ;  and 
New  York,  which  took  its  name  in  honour  of  the  duke  of 
York. 

The  Dutch  inhabitants  by  the  vigilance  of  their  governor, 
^vcre  not  unapprifed  of  the  defigns  of  the  Englifh  court 
againft  them  ;  for  their  records  teftify,  that  on  the  8th  of 
July,  "the  general  received  intelligence, from  one  Thomas 
Willet,  cn  iinglilliman,  that  an  expedition  was  preparing 
in  England,  againft  this  place,  confilUng  of  two  frigates  of 
40  and  5c  guns,  and  a  fly  boat  of  40  guns,  having  on  board, 
qoo  fcidiers,  and  each  frigate  150  men,  and  that  they  then 
lay  at  Portfmouth,  waiting  for  a  wind."  News  arrived  alfo 
from  Bofton,  that  they  had  already  fet  fail.  The  burgomaf- 
ters  were  thereupon  called  into  coimcil.  The  fortrefs  was 
ordered  to  be  put  into  a  pofture  of  defence,  and  fpies  fent 
to  Milford  and  Well-chefter  for  intelligence.  Bofton  was  in 
the  fecret  of  the  expedition  ;  for  the  general  court  had,  in 
May  p'-r  reding,  palled  a  vote  for  a  fupply  of  provifions,  to- 
wards refrefhing  the  fuips  on  their  arrival.  They  were  four 
in  number, and  refolved  to  rendezvous  at  Gardener's  iHand, 
jn  the  Sound,  but  parted  in  a  fog,  about  the  20th  of  July. 
Richard  Nicolls,  and  fir  George  Carteret,  tv.  o  of  the  com- 
millioncrs,  were  on  board  the  Guyny,  and  fell  in  firft  with 
Cape  Cod.  The  winds  having  blown  from  the  fouth  weft, 
the  other  ftiips^  with  fir  Robert  CaiT,  and  mr.  ISIavenick, 


O  F   N  K  W  YORK. 


25 


the  remaining  commiflioners,  were  rightly  conclnded  to  be 
driven  to  the  eaftward.  After  difpatciiing  a  letter  to  mr. 
Wintlirop,  the  governor  of  Connecticut,  requefting  his  af- 
liftance,  col.  Nicolls  proceeded  to  Nantaflcet,  ai.d  thence  to 
Bofton.  I  he  other  fliips  got  into  Pifcataway.  John  Endicot, 
a  very  old  man,  was  then  govcmor  of  Bolton,  and  incapa- 
ble of  btifinefs.  The  commillioners,  theref  ore,  had  a  con- 
ference with  the  coimcil,  and  eaineilly  iniplored  the  al- 
fiftance  of  that  colony.  Col.  Nicolls  and  fir  Geoige  Carteret, 
in  their  letter  from  Bofton,  to  lir  H.  Bennet,  fecretary  of 
ftate,  complain  much  of  the  backwardnefs  of  that  province. 
The  reafons  urged  in  their  excule,  were  poverty  and  the 
feafon,  it  being  the  time  of  harveft  ;  but  perhaps  difafFec- 
tion  to   the  Stuart  family,  whofe  perfecuting  fury  had 
driven  them  from  their  native  country-,  was  the  true  fpring 
of  their  condu(ft.  The  king's  fuccefs  in  the  redud:ion  of  the 
Dutch,  evidently  opened  him  a  door,  to  come  at  his  ene- 
mies in  New-Enjgland,  who  were  far  from  being  few*  ;  and 
whether  this  conlideration  might  not  have  given  rife  to  the 
projecft  itfelf,  I  leave  to  the  conjedtures  of  others. 

On  the  27th  of  July,  Nicolls  and  Carteret  made  a  formal 
requelt  in  writing,  ^'  That  tlie  government  of  Boilon  would 
pals  an  ad:  to  furnifti  them  with  armed  men,  who  ftiould  be- 
gin their  march  to  the  Manhattans,  on  the  20th  of  Augult 
enfuing,and  promifed,that  if  they  could  get  other  affiftance, 
they  would  give  them  an  account  of  it."  The  governor  and 
council  anfwered,  that  they  would  afiemUe  the  general 
court,  and  communicate  the  propofal  to  them. 

From  Bofton,  a  fecond  letter  was  written  to  governor 
Winthrop,  in  Connecticut,  dated  the  29th  of  July,  in  which 
he  was  infonned,  that  the  other  fliips  were  then  arrived, 
and  would  fail  with  the  firft  fair  wind  ;  and  he  was  defired 
to  meet  them  at  the  weft  end  of  Long-Ifland. 

One  of  the  fhips  entered  the  bay  of  the  North  river,  fe- 


*  T.  Dixwell,  cfq.  one  of  Charles  I. 'sjudgcs,and  excepted 
out  of  the  general  pardon,  lived  many  years  at  New- Haven 
(incog.)  in  quality  of  a  country  merchant  :  fir  Fdmond 
Androfs,  in  one  of  his  tours  through  the  colony  of  Connec- 
ticut, faw  him  there  at  church,  and  ftrongly  fufpecfted  him 
to  be  one  of  the  regicides.  In  his  laft  illnefs,  he  revealed 
himfelf  to  the  minifter  of  the  town,  and  ordered  a  fmall 
ftone  to  be  fet  at  the  head  of  his  grave,  which  I  have  often 
feen  there,  infcribed,  T.  D.  efq.  While  at  New-Kaven,  he 
^vent  under  the  name  of  John  Davis. 


THE  HISTORY 


•veral  days  l^efbrc  the  reft  ;  and  as  foon  as  they  wrre  aU 
come  up,  Stuyvefant  lent  a  letter,  dateti -1^  oi  Aum  ft,  at 
fort  Anil,  diiected  to  the  conimaiulers  ot  iiic  tngtifh  fu- 
gates,  by  John  Dcclyer,  one  of  the  cliief  council,  ihe  rev. 
John  Mej^npoleiihs,  uiiniiter,  Paul  Lunder  Vantler  Giilft, 
major,  andnir.  Samuel  ^  egapolc i:hs,doCLor  in  pliyhc,  with 
the  utiiioft  civility,  todt  fiie  ihc  rc;il(>n  of  iheir  approach, 
aiul  continuinir  in  ihe  harbour  of  Naijarlij,  wirhout  giving 
notice  to  the  Dutch,  Avhich  (he  writes]  tlicy  ought  to  have 
done. 

Col.  Nicolls  aiifwercd  tlic  next  day  with  a  fummons. 

To  the  honorable  tiie  governors,  and  chief  council  at  the 
Mai  iliat  tens. 

"  Right  worthy  firs, 

*'  T  Received  a  letter  by  fome  worthy  perfons  intmftei 
A  by  yo'.i,  bcaiing  date  the  ^  of  Auguft,  deliring  to 
knov,-  the  intent  of  the  approach  of  the  Knglifh  frigates  ; 
in  return  of  which,  I  think  it  fit  to  let  you  know,  that  l,i» 
Jiiajefty  of  Great  Britain,  whofe  right  and  title  to  tliefe 
parts  of  America  is  unqueftionable,  well  knowing,  how 
much  it  derogates  from  his  crown  and  digniiy,  to  luffcr  aiiy 
foreigners,  how  near  focver  they  be  allied,  to  ufui  pa  do. 
minion,  and,  without  his  majefty's  royal  confent,  to  inhabit 
in  thefe,  or  any  other  of  his  majefty's  territories,  haih 
commanded  me,  in  his  name,  to  require  a  lurrender  of  all 
(uch  forts,  towns,  or  places  of  ftrength,  which  are  now 
poHeiled  by  the  Dutch,  under  your  comn^.ands ;  and  in  his 
majcicy's  name,  I  do  demand  the  town,  fituate  on  the  ifland 
commonly  known  by  the  jiame  of  Manhatoes,  with  all  the 
forts  thereunto  belonging,  to  be  rendered  unto  his  majefty's 
obedience  and  protection,  hito  my  hands.  I  am  further 
connnanded  to  aflure  you,  and  every  refpective  inhabitant 
of  the  Dutch  ration,  that  his  majefty,  being  tender  of  the 
effufion  of  chriftian  blood,  doth  by  thcfe  prefents,  confirm 
and  fecMrc  to  every  man  his  eftate,  life,  and  liberty,  wlto 
(liall  readily  fubmit  to  his  government.  And  all  thofe, 
who  fhall  oppofe  his  majefty's  gracious  intention,  muft 
cxped:  all  the  miferies  of  a  war,  which  they  bring  upon 
themfelves.  I  fliall  expecl:  your  anfwer  by  thefe  gentlemen, 
colonel  George  Carteret,  one  of  his  majefty's  commiilioB- 
crs  in  America  ;  captain  Robert  Necdham,  captain  Edward 
(proves,  aiid  mr,  Thomas  Delavall,  whom  you  will  entet' 


or    N  E  W  -  Y  O  R  K. 


tain  with  fuch  civility  as  is  due  to  them  ;  and  yourfclvxi 

and  yours,  fhall  receive  the  fame,  from, 

"  Worthy  firs. 
Dated  on  board  kis  your  very  humble  fervanr, 

majefty's  fhip,  the  "  Richard  Isicolls." 

Guyny,  riding  be- 
fore N'aych,  the  || 
of  Aug.  1664. 

Mr.  Stuy  vefant  promifed  an  anfvver  to  the  fummons  th* 
next  morning,  an  1  in  the  mean  time  convened  tiie  council 
and  burgo^T^/*l:e'-s.  The  Dutch  governor  was  a  good  foldier, 
and  ha'l  loft  a  leg  in  the  fe  vice  of  the  ftates.  He  would 
'willingly  have  made  a  defence  ;  -sind  refufed  a  fight  of  the 
fiimmons.  both  to  ihe  inhabitants  and  burgomaiiiers,  lelt 
theeafy  te.iiis  offered,  might  induce  them  to  capitulate.  The 
latter,  however,  infilled  upon  a  copy,  th?t  they  might 
communica'C  it  to  the  la.e  mnriitiates  and  principal 
biirghers.  They  called  together  the  nihabitants  at  the  ftadt- 
ho'ife,  and  acquainted  them  with  the  governor's  refufal. 
Governor  Winlhrop,  at  the  fame  time,  wrote  to  the  di- 
re/*:or  ard  his  council,  ftiougly  reccrnneuding  afarrcnder. 
;On  the  2 2d  of"  Augaft,  the  burgomafters  came  again  into 
council,  nnd  dsfiied  to  know  the  contents  of  the  PJnglilh 
meilagc  f.om  governor  Winthrop,  which  Stuy  vefant  ftiH 
refLifed.  They  continued  their  importunity  ;  and  he,  in  a 
fit  of  anger,  tove  it  to  piecee  :  upon  which  they  protelted 
stgainfl  the  a(5l,  and  all  its  confequences.  Determined  upoli 
"a.  defence  of  the  count»-y,  Stuyvefant  wrote  a  letter  in  an- 
fwer  to  the  fummons,  which,  as  it  is  hiftorical  of  the  Dutch 
claim,  will  doubtlefs  be  acceptable  to  the  reader.  The  fol- 
lowing is  an  exac^  tranfciipt  of  the  record. 
My  lords, 

"^OUR  firft  letter,  unfigned,  of  the  |J  Auo;uft,  together 
X  with  that  of  this  day,  figned  accortUng  to  form,  be- 
ing the  fi:  ft  of  Seprember,  have  been  fafely  delivered  into 
■our  hands  by  your  deputies  ;  unto  which  we  fhall  fay,  that 
the  rights  of  his  majefty  of  England,  unto  any  part  of 
America  hereabout,  amongft  the  reft,  unto  the  colonics 
of  Virginia,  Ma-yland,  or  others  in  New-England,  whe- 
ther difputable  or  not,  is  that  which,  for  the  prefent,  we 
have  no  defign  to  debate  upon.  But  that  his  majefty  hath  an 
indifputable  right,  to  all  the  lands  in  the  north  parts  of 
America,  is  that,  which  the  kings  of  Fiance  and  Spain  will 
disallow,  as  we  abfolutely  do,  by  virtue  of  a  commiilion 
given  to  me,  by  my  lords,  the  high  and  mio;hty  ftaies  iie- 
neral,  to  be  governor  general,  over  New-Holland,  the  iile 


2$ 


The  HisTORr 


of  Curacoa,  Bonaire,  Aruba,  >vith  their  appurtenance  an*! 
tlepcndencies,  bearing  dare  the  26th  of  July,  1646  ;  as  alfo 
by  virtue  of  a  grant  and  comniiflion,  given  by  my  fUid  lords, 
the  high  and  mighty  flares  general,  totiie  Weft-Indiaconxpa- 
5ny,  in  the  year  162 1,  i\ith  as  much  power  and  as  authentic, 
as  his  faid  majefty  of  Kngluiid  liath  given,  or  can  give,  to 
any  colony  in  America,  as  more  fa) ly  appears  by  tiic  patent 
and  cominillion  of  the  faid  lords  the  Hates  general,  by  them 
figncd,  rcgiftered,  and  fcaled  with  their  great  feal,  which 
Nvere  fhowedioyour  deputies,  colonel  George  Carteret,  cap- 
tain R^obcrt  Ncedha'.n,  captain  Edwa  d  Groves,  and  mr. 
Thomas  Delavall  ;  by  which  comnuHion  and  patent,  togc- 
ther  (to  deal  f:-ankly  v  itii  you)  and  by  divers  letters,  fign- 
cd  and  fealed  by  our  Hiid  lords,  the  Ihitcs  general,  directed 
to  fcveral  pjrlbns,  both  iMigUfh  and  Dutch,  inhabiting  the 
towns  and  villages  on  Long  llland,  (which,  without  doubt, 
have  been  prodiiced  before  you,  by  thole  inhabitants)  by 
Nviiich  they  are  declared  and  acknowledged  to  be  their 
fubjects,  with  exprcfs  command,  that  they  continue  faithful 
unto  them,  unde;  penalty  of  incurring  their  ntmolt  difplca- 
fure,  which  makes  it  appear  more  clear  than  the  fun  at 
noon-day,  that  yoar  firft  foundation,  viz.  that  the  right 
and  title  of  his  majcfty  of  Great  Britain,  to  thefe  pans  of 
Amenca,  is  unqujilionable,  is  ablblutely  to  be  denied. 
Moreover,  it  is  without  difputc,  and  acknowledged  by  the 
^vorld,  that  our  preaeceflbrs,  by  virtue  of  the  commiffion 
and  pateni  of  the  laid  lords,  the  ftates  general,  have,  with- 
out  conrroul  and  peaceably  (the  contrary  never  coming  to 
our  knowledge)  enjoyed  fort  Orange,  about  48  or  50  years, 
the  Manhattans  about  41  or  42  years,  the  South  river  40 
yeais,  and  the  Frelh  Water  river  about  36  years. 

"  Touching  the  fecond  fubjecl  of  your  letter,  viz.  "  His 
majelly  hath  commanded  me,  in  his  name,  to  require  a  fur- 
render  of  all  fuch  forts,  town?,  or  places  of  ftrength,  which 
now  are  poOliled  by  the  Dutch,  under  your  command  v.  e 
(hall  anfwer,  that  we  are  fo  confident  of  the  difcrction  and 
equity  of  his  majefty  of  Gi  eat  Britain,  that  in  cafe  his  ma- 
jcllry  w-re  informed  of  the  truth,  which  is,  that  the  Dutch 
came  not  into  thefe  provinces,  by  any  violence,  but  by  vir- 
tue of  commiflions  from  my  Lords,  the  ftates  general,  firfl 
of  all  in  the  years  1614,  161 5,  and  1616,  up  the  North  Ri- 
ver near  fort  Orange,  where,  to  hinder  the  invafions  and 
madacres,  commonly  committed  by  the  favages,  they  built 
a  little  fort,  and  after  in  the  year  1622,  and  even  to  this 
prefent  time,  by  vi-tue  of  commiflion  and  grant,  to  the  go- 
vernors of  the  Weft  India  company ;  and  moreover,  in  the 


O  f  n  e  w- y  6  r  k. 


jrear  1656,  a  grant  to  the  honourable  the  burgomaflers  of* 
Amfterdam,  of  the  South  River  infomuch,  that  by  virtue  of 
the  abovefaid  commiHions  from  the  liigh  and  mighty  ftates 
genei*al,  given  to  the  perfons  interefted  as  aforefaid,  and 
others, thefe  provinces  have  been  governed,  and  confequent- 
Jy  enjoyed,  as  alfo  in  regard  of  their  firft  difcovery,  unin- 
terrupted pofleffions,  and  purcliafe  of  the  lands  of  the 
princes,  natives  of  the  country,  and  other  private  pcrfon^ 
(though  gentiles)  we  make  no  doubt,  that  if  hb  faid  ma- 
jefty  of  Great  Britain,  were  well-informed  of  thefe  paf- 
fages,  he  would  be  too  judicious  to  grant  fuch  an  order, 
principally  in  a  time  when  there  is  fo  ftrah  a  friendfhip, 
and  confederacy,  between  our  faid  lords  and  fuperiors,  to 
trouble  us  in  the  demanding  aftd  fummons  of  the  places 
and  fortrefles,  which  were  put  into  our  hands,  with  order 
to  maintain  them,  in  the  name  of  the  faid  lords,  the  ftates 
general,  as  was  made  appear  to  your  deputies,  under  the 
names  and  feal  of  the  faid  higii  and  mighty  ftates  general^ 
dated  the  28th  of  Jiily  X646.  Beftdcs  what  hath  been  men- 
tioned, there  is  httic  probability,  that  his  faid  majefty  of 
England  (in  regard  the  articles  of  peac6  are  printed,  and 
tv  ere  recommended  to  us  to  obferve  ferioi.fly  and  exadtly^ 
by  a  letter  ^vritten  to  us  by  our  faid  lords,  the  ftates  general, 
and  to  cau fc  them  to  be  obferved  religioufly  in  this  coun- 
try) woidd  give  order  touching  fo  dangerous  a  dellgn,  bein^ 
iilfo  fo  apparent,  that  none  other  than  my  faid  lords,  the 
ftates  general,  have  any  right  to  thefe  provinces,  and  con- 
fequently  ought  to  command  and  maintain  their  fubjecfts, 
and  in  their  abfence,  we,  the  governor  general,  are  obliged, 
to  maintain  their  rights,  and  to  repel  and  take  revenge  of 
all  threatenings,  unjuft  attempts,  or  any  force  whatfoever, 
that  fhall  be  committed  againft  their  faithful  fubje<Sts  and 
inhabitants  ;  it  being  a  very  confiderable  thing,  to  affront 
fb  mighty  a  ftate,  although  it  were  not  againft  an  ally  and 
confederate.  Confequently,  if  his  faid  majefty  (as  it  is  fit) 
were  well  infonned,  of  all  that  could  be  fpoken  upon  this 
fubje(ffc,  he  would  not  approve  of  what  expreflions  were 
mentioned  in  your  letter  ;  which  are,  that  you  are  com- 
manded by  his  majefty,  to  demand  in  his  name,  fuch  places 
and  fortrefles  as  are  in  the  poffeifton  of  the  Dutch  under 
my  government ;  which,  as  it  appears  by  my  commiffion 
before  mentioned,  was  given  me  by  my  lords,  the  high  and 
mighty  ftates  general.  And  there  is  lefs  gi-ound  in  the  ex- 
prefs  demand  of  my  government,  ftnce  all  the  world 
knows,  that  about  three  years  ago,  fome  Enalifh  frigates 
being  on  the  coaft  of  Africa,  upon  a  pretended  commiffion^ 


THE  HISTORY 


tliey  did  demand  ccrL.iin  places  under  the  government  oi'  our 
faid  lords,  the  llates  genci  al,  as  Cape  Vc^t,  river  of  Gam- 
bo,  and  all  other  places  in  Guyny,  to  them  belongincr.  Up- 
on which,  oav  fuia  lords,  the  itatcs  general,  by  virtue  of  the 
articles  of  peace,  havinc  made  appear  the  laid  attempt  to 
his  majelly  of  England,  they  received  a  favourable  au- 
fwcr,  his  laid  majelty  dilallowing  all  fuch  adts  of  hoftility, 
as  might  Irave  been  done,  and,  belides,  gave  order,  that  re- 
ftitiitioii  fliOLild  be  made,  to  the  Halt  India  company,  of 
Avhatfoevcr  had  been  pillaged,  in  the  faid  river  of  Gambo  ; 
and  llkewife  rellored  them  to  their  trade,  which  makes  us 
think  it  iicceflary,  that  a  more  exprefs  order  (liould  appeav 
\iaU)  us,  as  a  fufficicnt  warrant  for  us,  towards  my  lords, 
the  liigh  and  mighty  Hates  general,  fuice  by  virtue  of  our 
laid  coiinnillioii,  Nve  do,  in  thefe  provinces,  reprefent  them, 
as  belonging  to  them,  and  not  to  tiic  king  of  Great  Britain, 
OKccpt  liis  faid  majcily,  upon  better  grounds,  make  it  ap- 
pear to  our        lords,  the  Itatcs  general,  a^ainft  which  they 
may  defend  thcuifclvcs,  as  they  lhall  thnik  fir.  To  con- 
chide  :  we  cannot  bat  declare  unto  you,  though  the  gover- 
nors and  commlf^oncrs  of  his  majelly  have  divers  times 
quarrelled  with  us,  about  the  bounds  of  the  jurifdiction 
of  the  high  and  mighty  the  Hates  general,  in  thefe  parts, 
yet  they  never  quelbioned  their  jurifdiction  itfelf ;  on  the 
contrary,  in  the  year  1650,  at  Haitford,  and  the  lalt  year 
at  Bollon,  they  treated  with  us  upon  this  fubjec't,  which  is 
a  fufficicnt  proof,  that  his  majefty  hath  never  been  well-in- 
formed, of  the  equity  of  our  canfe,  inftmuck  as  wc  cannot 
imagine,  in  regard  of  the  articles  of  peace,  between  the 
crown  of  England  and  the  (tales  general,  (under  whom 
there  are  fo  many  fubjccts  in  America,  as  well  as  Europe) 
that  his  faid  majefty  of  Great-Britain  would  give  a  com- 
miftion  to  moleft  and  endamage  the  fubjccts  of  my  faid 
lords,  the  ftates  general,  efpecially  fuch,  as  e\er  ftnce  50, 
JO,  and  the  lateft  36  years,  have  quietly  enjoyed  their  lands, 
countries,  forts,  and  inheritances  ;  and  lels,  that  his  fub- 
jccts would  attempt  any  acfls  of  hoftility,  or  violence  againft 
them :  and  in  cafe  that  you  will  acT;  by  force  of  arms,  we 
wroteft  and  declare,  in  the  name  of  our  laid  lords,  the 
ftares  j^eneral,  before  God  and  men,  that  yon  will  acl  an 
unjuft  violence,  and  a  breach  of  the  articles  of  peace,  fo 
folemnly  fwo;ii,  agreed  upon,  and  ratified  by  his  majelly 
of  Engla!id,  and  my  lords,  the  ftates  gener*al,  and  the  ra- 
ther, for  that  to  prevent  the  fhedding  of  blood,  in  the 
m.ontli  of  February  laft,  we  treated  with  captain  John  Scott, 
(who  reported  he  had  a  commiflion  from  his  faid  majefty) 
touching  the  limits  of  Long  Ifland,  and  concluded  for  the 


O  F    N  E  W  'Y  O  R  K. 


fpace  of  a  year  ;  that  in  the  mean  time,  the  bufiiiei^  might 
be  treated  on  between  the  king  of  Great  Britain,  and  mv 
lords,  the  high  and  mighty  ftates  general :  a!id  again,  at 
prefent,  for  the  hindrance  and  prevention  of  all  difterences, 
and  tiie  fpilling  of  innocent  blood,  noc  opJy  in  thefe  parts, 
but  alfo  in  Europe,  we  offer  unto  yon,  a  treaty  by  our  de- 
puties, mr.  Cornelius  Van  R.uyven,  fecretary,  und  receiver 
ef  New  Holland,  Cornelius  Steenwick,  burgomafter,  mr. 
Samuel  Megapolenlis,  docfcor  of  phyfic,  and  mr.  james 
Coufleau,  heretofore  fhcriff.  As  touching  the  threats  in  your 
conclufion,  we  have  nothing  to  anfwer,  only  that  we  fear 
nothing,  but  what  God  (who  is  as  juft  as  merciful)  fhall 
lay  upon  ns  ;  all  things  being  in  his  gracious  difpofal,  and 
we  may  as  well  be  prcferved  by  him,  with  fmall  forces,  as 
by  a  gi-eat  army,  which  makes  us  to  wifh  you  all  happinefs 
and  profperity,  and  recommend  you  to  his  protection.  My 
lords,  your  thrice  humble  and  afFetftionate  levvant  ai.d 
friend,  figned,  P.  Stuy^refant. — At  the  fort  at  Amfterdam, 
the  fecond  of  September,  new  ftile,  1664." 

While  the  Dutch  governor  and  council  were  contending 
with  the  burgomaftci  s  and  people  in  the  city,  the  Englifli 
ccmmillioners  publiihed  a  proclamation*  in  the  country, 
encouraging  the  inliabitants  to  fubmlt,  and  promiiing  them 


*  It  was  in  the%  words  :  "  Fcrafmuch  as  his  majefty 
hath  fent  us  (by  commillion  under  his  gi  eat  feal  of  England) 
amongft  other  things,  to  expel,  or  to  reduce  to  his  majel- 
ty's  obedience  all  fuch  foreigners  as  without  his  majefty's 
leave  and  confent,  have  feated  themfelvcs  amongit  any 
of  his  dominions  in  America,  to  the  prejudice  of  his  majef- 
ty's fubjed:s,  and  diminution  of  his  royal  dignity  ;  we,  his 
faid  majefty's  commiilioners,  do  declare  and  promife,  that 
whofoever,  of  what  nation  foever,  will,  i:pon  knowledge 
of  this  proclamation,  acknowledge  and  telllfy  themfelves, 
to  fubmit  to  this  his  majefty's  government,  as  his  good  fub- 
jedls,  fhall  be  protecfted  in  his  majefty's  laws  and  juftice^ 
and  peaceably  enjoy  whatfoever  God's  blefthig,  and  their 
own  honeft  induftry,  have  furniflied  them  with  ;  and  all 
other  privileges,  v.  ith  his  majefty's  Englilh  fiibjed:s.  We  ' 
have  caufed  this  to  be  publiflied,  that  we  might  prevent  all 
inconveniencies  to  others,  if  it  Vv'ere  poffible  ;  however,  to' 
clear  ourfelves  from  the  charge  of  all  thofe  miferics,  that 
may  any  way  befall  fuch  as  live  here,  and  will  [not]  ac-  . 
knowledge  his  majefty  for  their  fovereigii,  whom  God  pre  - 
ferve/' 


52  THEHISTORY 

the  king's  protet^tion,  and  all  the  privileges  of  fubjetfts:  aiid 
as  loon  as  they  difcove'  by  Stuyvelani's  letter,  that  he 
was  avcrle  to  the  furrender,  officers  were  lent  to  beat  up  for 
^'oliuitecrs  in  Middlebo^ougli,  Lliflen,  Jamaica,  and  Hemp- 
ftcd.  A  warrant  was  alio  iliued  to  Hugh  Hide,  who  com- 
manded the  f<^uadron,  to  profccntc  the  reduAion  of  the 
fort ;  and  an  hn^ifli  Ihip,  then  ti-adin^  here,  was  prcHed 
into  the  fcrvice.  Thefc  preparations  induced  Stuyvclant  to 
write  another  letter,  on  the  25th  of  Augult,  old  ftyle,  where- 
in, though  he  declares  that  he  would  Ihind  theltorni,  yet  to 
prevent  the  I'pillingof  blood,  he  had  lent  johnde  Decker, 
counfellor  of  Hate,  Cornelius  Van  Kivcn,  lecrctary  and  re- 
ceiver, Cpmelius  Steenwyck,  major,  and  James  Coulleau, 
fherifF,  CO  conlult,  if  jx)lhble,  an  accommodation.  Nicolls, 
who  knew  the  difpofition  of  tJie  people,  anfwercd  imme- 
diately from  Gravefend,  tliat  he  woidd  treat  about  nothing 
but  a  fuiTendcr.  The  Dutch  governor,  the  next  day,  agreed 
to  a  treaty  and  furrender,  on  condition  the  Englirti  and 
butch  limits  inx^merica,  were  fettled  by  the  crown  and  ihc 
dates  general.  The  Englifli  deputies  were,  fir  Robert  Carr, 
George  Carteret,  John  Winthrop,  governor  of  Connedticut, 
Samuel  Wyllys,  one  of  the  aifiilants  or  council  of  that  colo- 
ny, and  Thomas  Clarke,  and  John  Pynchon,  commiffioners 
from  the  general  court  of  the  Maflachufetts  bay,  who,  but  a 
little  before,  brought  an  aid  from  that  province.  What 
thcfe  perfons  agreed  upon,  Nicolls  promifed  to  ratify.  At 
eight  o'clock  in  the  morning,  of  the  27th  of  Auguft,  1664, 
the  commiffioners,  on  both  fides,  met  at  the  governor's 
farm,  and  there  figned  the  following  articles  of  capitula- 
tion. 

"  Thefe  articles  following  were  confented  to  by  the  per- 
fons hereunder  fubfci  ibed,  at  the  governor's  bowery,  Aug. 
the  27th,  old  ftile,  1664. 

1.  We  confeut,  that  the  Hates  general,  or  the  Weft- 
India  company,  lliall  freely  enjoy  all  forms  and  houfes  (ex- 
cept fuch  as  are  in  the  forts)  and  that  within  fix  months, 
the/  fhall  have  free  liberty  to  tranfport  all  fuch  arms  and 
ammunition,  as  now  does  belong  to  them  ;  or  elfe  they  lhall 
be  paid  for  them. 

n.  All  public  houfes  fhall  continue  for  the  ufes  whick 
they  are  for. 

III.  All  people  (hall  ftill  continue  free  denizens,  and 
fhall  enjoy  their  lands,  houfes,  goods,  whercfoever  they  are 
wi'-hin  this  country,  and  difpofe  of  them  as  they  pleafe. 

IV.  "  if  any  inhabiLant  have  a  mind  to  remove  himfrlf, 
|xe  lhall  have  a  year  and  fix  we^ks  f^  om  this  day,  to  remove 


OFNEWYORK.  ^ 

ijimrelf,  yvife,  children,  fervants,  goods,  and  to  difpofc  of 
his  lands  here. 

V.  "  If  any  officer  of  ftate,  or  public  minifter  of  ftate, 
have  a  mind  to  go  for  England,  they  flvall  be  traafported 
fraught  free,  in  his  majeity's  frigates,  Nvhen  tUefe  frigates 
fliall  return  thither. 

VI.  It  is  confented  to,  that  any  people  may  freely  come 
from  the  Netherlands,  and  plant  in  this  colony,  and  that 
Dutch  veflels  may  freely  come  hither,  and  any  of  the  Dutch 
may  freely  return  home,  or  fend  any  fort  of  merchandize 
home,  in  veflels  of  their  own  country. 

VII.  **  All  fhips  from  the  Netherlands,  or  any  other  place, 
and  goods  therein,  flrall  be  received  here,  and  fent  hence, 
after  the  manner  which  formerly  they  were,  before  our 
coming  hither,  for  fix  months  next  enfuing. 

VIII.  The  Dutch  here  fliall  enjoy  the  liberty  of  their 
conlciences  in  divine  worfhip  a^nd  church  difcipline. 

IX.  "  No  Dutchman  here,  or  Dutch  fiiip  here,  fhall,upon 
any  occafion,  be  prefled  to  ferve  in  war  againll  any  nation 
whatfoever. 

X.  "  That  the  townfmen  of  the  Manhattans,  fhall  not 
have  any  foldiers  quartered  upon  them,  without  being  fa- 
tisfied  and  paid  for  them  by  their  officers  ;  and  that  at  thi* 
prcfent,  if  the  fort  be  not  capable  of  lodging  all  the  foldiers, 
then  the  burgomafter,  by  his  officers,  fhall  appoint  (bme 
houfes  capable  to  receive  them. 

XI.  The  Dut(H  here  fhall  enjoy  their  own  cuftoms 
concerning  their  inheritances. 

XII.  Ail  public  writings  and  records,  which  concern  the 
inheritances  of  any  people,  or  the  reglementof  the  church, 
©r  poor,  or  orphans,  fliali  be  carefully  kept  by  thofe  in 
whofe  hands  now  they  are  ;  and  fuch  writings  as  particular- 
ly concern  the  ftates  general,  may  at  any  time  be  fent  to 
tliem. 

XIII.  "No  judgment  that  has  pafied  any  judicatiu'e  here, 
fhall  be  called  in  queftion  ;  but  if  any  conceive,  that  he 
hath  not  had  juftice  done  him,  if  he  apply  himfelf  to  the 
ftates  general,  the  other  party  lhall  be  bound  to  anlwer  for 
the  fuppofed  injui'y. 

XIV.  "  If  any  Dutch,  living  here,  fhall  at  any  time  de- 
fire  to  travel  or  traffic  into  England,  or  any  place,  or  plan- 
tation, in  obedience  to  his  majefty  of  England,  or  with  the; 
Indians,  he  fhall  liave  (upon  his  requefl  to  the  governor) 
a  certificate  that  he  is  a  free  denizen  of  this  place,  and  li- 
berty to  do  fo. 

XV.  "  If  it  do  appear,  that  tb.ere  is  a  public  engagement 


THE    11  I  n  T  O  R  Y 


of  debt,  by  the  town  of  the  Manli.ittocs,  and  a  way  agreed 
on  for  x}\€  fatisf^ing  of  that  engafrcment,  it  is  agreed,  that 
the  fame  way  propt>lcd  fhall  go  cii,  and  that  the  engage- 
ment fhall  be  liiiislied. 

XVI.  "All  inferior  civJ]  officers  and  magiilrates,  fhall  con- 
tinue as  now  they  arc,  (if  tiicy  plcafe)  till  the  cufioinary 
time  of  new  elcdtions  :  and  then  new  ones  to  l)e  chofen  by 
themfelvcs,  provided  that  fucli  new  chofen  magiflrates  fhall 
take  the  oath  of  allegiaiurc  to  his  majefly  of  England, 
before  they  enter  upon  their  oflice. 

XVII.  *' All  differences,  of  contratfls  and  bargains  made 
before  this  day,  by  any  in  this  co.intry,  fhall  be  determi- 
ned, according  to  the  manner  of  the  Dutch. 

XVIII.  *Mf^it  do  appear,  that  the  Weft  India  compa- 
ny of  Amiterdam,  do  really  owe  any  Aims  of  money  to  any 
pcrfons  hei  e,  it  is  agreed  that  recognition,  and  other  du- 
ties payable  by  fhips  going  for  the  Netherlands,  be  continu- 
ed for  fix  months  longer. 

XIX.  The  officers  mil iiary,  and  foldicrs,  fliall  march 
out  with  their  arms,  drums  beating,  and  colours  flying,  and 
lighted  T;natches  ;  and  if  any  of  them  will  plant,  they  fhall 
liave  fifty  acres  of  land  fet  out  for  them  ;  if  any  of  them 
will  ferve  as  fcrvants,  they  fliall  continue  with  all  fafcty, 
and  Ijeconie  free  denizens  afterwards. 

XX.  "  If  at  any  rime  herrafrcr,  the  king  of  Great  Bri- 
tain, and  the  ftates  of  the  Ncrherland  do  agree  that  this 
place  and  country-  be  rc-delivercd  into  the  hands  of  the  faid 
llatcs,  wlienfoevcr  his  majeily  will  fend  his  commands  to 
fe-deliver  it,  it  fhall  immediately  be  done. 

XXI.  "  That  the  town  of  Manhattans  fliall  choofe  de- 
puties, and  tliofe  deputies  fhail  have  free  voices  in  all  pub- 
lic affairs,  as  much  as  any  other  deputies. 

XXII.  "  Thofe  who  have  any  property  in  any  houfes  in 
the  fort  of  Aurania,  fhall,  (if  they  pleafe)  flight  the  forti- 
fications there,  and  then  enjcy  all  their  houfes,  as  all  peo- 
ple do  where  there  is  no  fort. 

XXIII.  If  there  be  any  foldiers  that  will  go  into  Hoi- 
land,  ai.J  if  the  company  of  Wefl-India  in  Amfterdam,  or 
any  private  perfons  here,  will  tranfport  them  into  Holland, 
then  they  fliall  have  a  fafe  paflport  from  col.  Richard  Ni- 
colls,  deputy-governor  under  his  royal  highnefs,  and  the 
-other  commillioners,  to  defend  the  fhips  that  fhall  tranfport 
fuch  foldiers,  and  all  the  goods  in  them,  from  any  furprifal 
or  acts  of  hoflility,  to  be  done  by  any  of  his  majefly's  fhips 
or  fubjeds.  That  the  copies  of  the  kind's  grant  to  his 
reyal  highnefs,  and  the  copy  of  his  royal  highnefs's  com- 


OF   NEW -  YORK. 


miffion  to  col.  Richard  Nicolls,  teftified  by  two  coinmif- 
fioners  more,  and  itir.  Winthrop,  to  be  true  copies,  fliall  be 
delivered  to  the  honourable  mr.  Stuyvefant,  the  prefent 
governor,  on  Monday  next,  by  eight  of  the  clock  in  the 
morning,  at  the  Old  Miln  ;  and  thefe  articles  confented  to, 
and  ligned  by  col.  Richard  Nicolls,  deputy-governor  to  his 
royal  highnefs,  and  that  ^vithin  two  hours  after  the  fort 
and  town  called  New-Arafterdam,  upon  the  ifle  of  Man- 
hatoes,  lhal!  be  delivered  into  the  hands  of  the  faid  colonel 
Richard  Nicolls,  by  the  fcrvice  of  fuch  as  fliall  be  by  him 
thereunto  deputed,  by  his  hand  and  feal. 

John  de  Decker,  Nlch.  Verleett,  Sam.  Mcgapolenfis, 
Cornelius  Steemvick,  Oloffe  Stevens  Van  Kortlanr,  James 
Coufleau,  Robert  Carr,  Geo.  Carteret,  John  Winthrop, 
Sam.  Willys,  Thomas  Clarke,  John  Pinchon. 
I  do  confent  to  thefe  articles, 

"  RICHARD  NICOLLS.'* 

Thefe  articles,  favourable  as  they^vere  to  the  inhabitants, 
were  however  very  difagreeable  to  the  Dutch  governor  i 
and  he  therefore  refufed  to  ratify  them,  till  two  days  after 
they  were  figned  by  the  commiflioners. 

The  town  of  New-Amfterdam,  upon  the  reduction  of  the 
ifland  Manhattans,  took  the  name  of  New-York.  It  confift- 
ed  of  feveral  fmall  ftreets,  laid  out  in  the  year  1656,  and 
was  not  inconfidei-able  for  the  number  of  its  houfes  and  in- 
habitants. The  eaf;'  terms  of  the  capitulation,  promifed 
their  peaceable  fubjec^tion  to  the  new  government ;  and 
hence  we  find,  that  in  tv/o  days  after  the  furrender,  the 
Bofton  aid  was  difmifled,  with  the  thanks  of  the  commif- 
fioners  to  the  general  court.  Hiidfon's  and  the  South  river 
were,  however,  ftill  to  be  reduced.  Sir  Robert  Carr  com- 
manded the  expedition  on  Delaware,  and  Carteret  was 
commilRoned  to  fubdue  the  Dutch  at  fort  Orange.  The 
garrifon  capitulated  on  the  24th  of  September,  and  he  cal- 
led it  Albany,  in  honour  of  the  duke.  While  Carteret  was 
here,  he  had  an  interview  with  the  Indians  of  the  five  na- 
tions, and  entered  into  a  league  of  friendfliip  witii  them, 
which  remarkably  contmues  to  this  day*.  Sir  Robert  Carr 
was  equally  fucccfsful  on  South  river ;  for  he  compelled  both 


*  The  Dutch  were  fenfible  of  the  importance  of  prefcrv- 
ing  an  uninterrupted  amity  with  thofe  Indians,  for  they 
were  both  very  mmierous  and  warlike.  The  French  par- 
fued  quite  different  meafures,  and  tlie  irruptions  of  thofe 
tribes,  according  to  their  own  authors,  have  often  reduced 
Canada  to  the  brink  of  ruiii^ 


THE  HISTORY,  Lc. 


the  Dutch  and  Swedes,  to  capitulate  an  1  deliver  up  their 
^arrifons  the  firft  of  Oiftober,  1664  ;  and  that  was  the  day 
in  which  the  %vhole  New-Netlricrlands  became  iiihjedt  to  the 
Englifh  crowii.  Very  few  of  the  inliabitaiits  thought  proper 
to  lemove  out  of  the  country.  Governor  Stuyvefant  him- 
felf  held  his  cftate,  and  died  here.  His  remains  were  in  .er- 
red in  a  chapel,  which  he  had  ercifted  on  his  own  farm,  at  a 
fmall  diltanccfrom  tlic  city,  now  poflcfied  by  hisgrandfon 
Gcrardus  Stuyvef.int,  a  man  of  probity,  who  has  been  elec't- 
ed  into  tlie  magiftracy,  above  thirty  years  fucceilively.  Juf- 
licc  obliges  me  to  cVclarc,  that  for  loyally  to  the  prelcnt 
reigning  family,  and  a  pure  attaclmient  to  the  protellant 
religion,  the  defcendtnts  of  the  Dutch  planters,  are  per-* 
haps  exceeded  by  none  of  his  majefty's  fubjecis. 


THE 


HISTORY  OF  NEW-YORK- 


A  R  T  IT. 


From  the  fnrren^cr  hi  1664,  /a  the  fsttkment  at  the  rcvoluiiom 

t>  ICHARD  NICOLLS  being  now  poflefled  of  the 
XV  country,  took  the  government  upon  him,  under  the 
ftile  of  "  deputy- governor  under  his  royal  highnefs  the 
duke  of  York,  of  all  his  territories  ir  America."  During  his 
flioit  continuance  here,  he  pafled  a  vafl  number  of  grants 
and  confirmations  of  the  ancient  Dutch  patents,  the  profits 
of  which  muft  hav  e  been  veiy  confiderable.  Among  thefe, 
ho  one  has  occafioned  more  animated  contention,  than  that 
called  the  Elizabethtown  grant,  in  New-Jerfey  ;  which,  as 
it  relates  to  another  colony,  I  fhould  not  have  mentioned, 
but  for  the  opportunity  to  caution  the  reader  againft  the 
I'eprefentation  of  that  controverfy  contained  in  Douglafs's 
fummary.  I  have  fafficient  rcafons  to  juftify  my  charging 
that  account  with  partiality  and  miftakes  ;  and  for  proofs, 
refer  to  the  pnnted  anfwcr  in  chancery,  publifhed  in  the 
year  1751. 

Be  fides  the  chief  command  of  this  province,  Nicolls  hadi 
a  joint  power*  with  fir  Robert  Carr,  Carteret,  and  Mave- 


The  commiffion  from  king  Charles  II.  was  dated  the 
26th  of  April  1664.  After  a  recital  of  difputes  concerning 
Umits  in  New-England,  and  tliat  addrefles  had  been  fent 
home  from  the  Indian  natives,  complaining  of  abnfes  re- 
ceived from  the  Englifli  fnbjed:s  ;  the  commiflioners,  or 
any  three  or  two  of  them,  of  which  Nicolls  was  to  be  one, 
were  authorifed  to  vxfit  the  New-Enjjtaiid  colonies,  9nd  dc- 


THK  HISTORY 


rick,  to  fettle  the  coiitcllcd  boundaries  of  certain  great  pa- 
tencs.  Hence  we  find,  that  three  of  them  had  a  conference 
wi:h  leveral  gtntlenicn  from  Connecticut,  refpeciing  the 
limiis  of  this  and  that  colony.  The  refult  was  an  adjudica- 
tion, in  tlici  J  words  : 

"  By  viriac  of  his  majefty's  commiflion,  we  have  heard 
the  diffcM  encc,  about  the  bounds  of  the  patents  granted  to 
his  royal  higlmefs  the  duke  of  \  ork,  and  his  majefty's  co- 
loi.y  of  Conjic  (icut,  and  liaving  deliberately  confidered  all 
the  reafons  alleged   by  mr.  AUyn,  fen.  mr.  Gold,  mr. 
Richards,  and  ca^xain  VVinthrop,  appointed  by  tlic  aflem- 
bly,  iield  at  Hartford,  the  13th  of  October,  1664,  to  accom- 
pmy  Jolui  Winthrop,  clq.  the  governor  of  his  majefty's 
coluiiy  of  Conncclticui:,  to  NewYork,  and  to  agree  upon  ihp 
bo.inds  of  the  fiid  colony,  why  the  laid  Long  Uland  Ihould 
be  under  the  government  of  Connetfticut,  which  arc  too 
).>iig  here  to  be  reciicd,  we  do  declare  and  order,  that  the 
foutherii  bounds  of  his  majefty's  colony  of  Connecticut,  i» 
the  fea,  and  that  Long  Illaiid  is  to  be  under  the  govern- 
ment of  his  royal  higiuicfs  the  duke  of  York,  as  is  exprefled 
by  plain  words,  in  the  laid  patents,  refpeciively,  and  alfo 
by  virtue  of  his  majefty's  commillion,  and  the  confent  of 
both  the  governors  and  the  gentlemen  above-named.  We 
alfo  order  and  declare,  that  the  creek,  or  river,  called  Ma- 
niaroncck,  v/hich  is  reputed  to  be  about  thirteen  miles  to 
the  eaft  of  Weft-chefter,  a]ul  a  line  drawn  from  the  eaft 
point  or  lide,  where  the  frefh  water  falls  into  the  fait,  at 
hir;h  water  ma^  k,  north-north -weft  to  tiie  line  of  the  Maf- 
fachufetts,be  the  vrcfbern  bounds  of  the  faid  colony  of  Con- 
nec^ticut,  and  all  plantations  lying  wellward  of  that  creek 
and  line  fo  di  avv  n,  to  be  under  his  royal  highnefs's  govern- 
meut  ;  and  all  plantations  lying  eaftward  of  that  creek  and 
line,  to  be  under  the  government  of  Connecticut.  Given 
under  our  hands,  at  james's  fort  in  New  York,  on  tlieilland 
«f  Manhatt?n,  this  ift  day  of  December,  1664. 

"  Ricliard  Nicolls,  Geoi-gc  Carteret,  S.  Maverick." 

We  the  governor  and  commilfioners  of  the  general  af- 
fcmbly  of  Connec'ticut,  do  give  onr  confent  to  the  limits 
suid  bounds  above-mentioned,  as  witncfs  our  hands, 

 Gold^  John  Winthrop,  jnn.  JohnWintlirop,  fen. 

.  Allen,  fen   Richards." 


termine  all  complaints,  military',  civil,  and  criminal,  accord- 
ing to  their  difcretion,  and  fuch  iiiftniitions,  as  they  might 
receive  from  the  crown. 


O  F    N  E  W  -  Y  O  R  K.  39 

At  the  time  of  this  determination,  about  two  tliirds  of 
Long  Ifland  were  poliefled  by  people  from  New-iLngland, 
who  had  gradually  encroached  upon  the  Dutch.  As  to  the 
lejtlement  between  New  York  and  Ccnncciicut  on  the 
main,  it  has  always  been  confidcrcd  hy  the  former,  as 
founded  upon  ignorance  and  fraud*.  The  ftation  at  Mama- 
roneck  was  about  30  miles  from  New  York,  from  Albany 
150.  The  general  cou^fe  of  the  river  is  about  north  12  or 
15  <^  ealt  :  and  hence  it  is  evident,  that  a  north  north  \veft 
line  will  foon  interfeift  the  river,  and  confequently  leave 
the  Dutch  country,  but  a  little  before  furrendered  to  col. 
Carteret,  out  of  the  province  of  Nev.'-York.  It  has  been 
generally  cfteemcd,  that  the  Conne(5licut  commifhoners  in 
this  affair,  took  advantage  of  the  duke's  agents,  who  were 
ignorant  of  the  geography  of  the  comitry. 

About  the  dole  o?  the  year,  the  ellate  of  the  Weft- India 
company  was  feized  and  confifcated,  lioililiLies  being  ac- 
tually commenced  in  Europe  as  well  as  America,  though  no 
declarations  of  war  had  yet  been  publifhecl  by  eiihci-  cf  the 
contending  parties.  A  great  difputc  between  the  inhabi- 
tants of  Jamaica  on  Long  Hland,  which  was  adjufted  by  col, 
Nicolls,  on  the  2d  of  January,  1665,  ^ave  rife  to  a  falutavy 
inftitution,  which  has  in  part  obtained  everfince.  The  con- 
troverly  refpcdlcd  Indian  deeds  ;  and  thenceforth  it  was 
ordained,  that  no  purchafe  from  the  Indians,  without  the 
governor's  licenfe,  rxecuted  in  his  preience,  flioidd  be  valid. 
The  fbrength  and  numbers  of  tlic  rrativcs  rendered  it  ne- 
cefiii.ry  to  purchafe  their  rights  ;  and  to  prevent  their  fre- 
quent felling  the  fame  tracft,  it  was  expedient,  that  the  bar- 
gain fliould  be  attended  with  fome  confiderable  folem- 
nity. 

Another  inftance  of  col.  Nicolls' s  prudence,  was  his  gra- 
dual introdud:ion  of  the  Englifn  methods  cf  gcvevnniCiit. 
It  was  not  till  the  12th  of  June,  this  year,  that  he  incoipo- 
rated  the  inhabitants  of  New  York,  under  the  ca ;c  of  a 
mayor,  five  aldermen,  and  a  flieriff.  Till  this  time,  the  ci- 
ty was  ruled  by  a  fcout,  burgomaflers,  and  f<:hepens. 

In  March  preceding,  there  was  a  gi'eat  convention,  be- 
fore the  governor  at  llempftead,  of  two  deputies  from 
every  town  on  Long  Ifland,  empowered  to  bind  ti.eir  conn 
Itituents.  The  defign  of  their  meeting  wr s  to  adjull  the  li- 


*  The  town  of  Rye  was  fettled  under  Connecfticut ;  and 
the  grant  from  tiiat  colony  is  bounded  by  tliis  line  of  di- 
vifion.. 


THE  HISTORY 


mits  of  their  townlhips  for  the  prefer vation  of  the  public 
peace. 

The  war  being;  proclaimed  at  London,  on  the  fourth  of 
this  moiirh,  NicoUs  received  the  account  of  it  in  June,  with 
a  letter  from  tlie  lord  cliancellor,  informing  liim,  that  dc 
Riiyrer,  the  Dutch  admiral,  had  orders  to  vifit  New  York. 
His  lordfliip  was  mifinfonned,  or  the  admii  ul  %vas  diverted 
f)om  the  enterprifc  ;  for  llie  EngliHi  peaceably  held  the 
pollcHion  of  the  country  during  the  whole  war,  which  was 
concluded  on  the  21  It  of  July,  1667,  by  the  treaty  of  Breda. 
Some  are  of  opinion,  that  the  exchange  made  with  the 
Datch  for  Surinaai,  which  they  had  taken  from  us,  was  ad- 
vantageous to  the  nation  :  but  thefc  judges  do  notconlider, 
tha-:  it  would  have  been  impofllble  for  the  Dutch  to  have 
p:e(r  vcd  this  colony  againll  \\\v  increafuig  flrength  of  the 
pcopl.'  in  New-  'ngland,  MaiThu^d,  aud  Virginia. 

After  an  adminillration  ot^  tlirce  years,  Kicolls  returned 
to  England.  The  time,  during  his  fl:ort  refidence  here,  wa» 
almoli  wholly  taken  up  in  confirmuig  the  ancient  Dutch 
grants,  lie  erec^tcd  no  courts  of  juftice,  but  took  upon  him- 
felf  the  fole  decifton  of  all  controverfics  whatfoever.  Com- 
plaints came  bcfo  e  him  by  petition  ;  upou  which  lie  gave 
a  day  ro  the  parties,  aud,  after  a  fummaiy  hearing,  pro- 
nounced jud<rmenr.  His  dere' rainations  wcie  called  edicfts, 
and  executed  by  the  fheriffs  he  had  appointed.  It  is  much 
to  his  honour,  that  not  widrllanding  all  this  plenitude  of 
power,  he  govcnicd  the  piovince  with  integiity  and  mode- 
ration. A  reprefentation  f  om  tlie  inhabitants  of  Long 
Ifland,  to  the  general  court  of  Conneiil:icut,  made  about  the 
time  of  the  revolution,  commends  him  as  a  man  of  an  eafy 
and  benev  olent  difpofition  :  and  this  teftimonial  is  the  more 
to  be  lelied  upon,  becaufe  the  dcfign  of  the  writers,  was  by 
a  detail  of  their  grievances,  to  induce  the  colony  of  Con- 
nec^ticut  lo  take  them  under  its  immediate  protcctioji. 

Francis  Lovelace,  a  colonel,  v.as  appointed  by  the  duke, 
to  fucceed  Nicolls  in  the  government  of  the  provmce,  which 
he  began  to  cxercife  in  May,  1667.  As  he  was  a  man  of 
g-eat  -noderation,  the  people  lived  veiy  i>eaceably  under 
him,  1:111  the  re-flarrender  of  the  colony,  which  put  an  end 
to  his  poAA-er,  and  is  the  only  event,  that  lignalized  h'ls  ad- 
miniftration. 

The  ambitious  defigns  of  Louis  XIV.  againll  the  Dutch, 
gave  rife  to  our  war  with  the  ftates  general  in  ^672.  t'harles 
11.  a  prince  funk  in  pleafures,  profligate,  and  poor,  was 
eafily  detached  from  his  alliance  with  the  Dutch,  by  the 
intrigues  and  pecuniary  promifes  of  the  French  king.  Tlie 


OF    NEW -  YORK. 


41 


following  pafla^e  from  a  fine  miter*,  fho-Nvs  that  his  pre- 
tences for  entering  into  the  war,  were  perfectly  gioimcUefs 
and  trifling. 

"  The  king  of  England,  on  his  fide,  reproached  tlieni  with 
difrefpect,  m  not  directing  then-  tieet  to  lower  the  flag  be- 
fore  an  Englifli  fhip  :  and  they  were  aUo  accufed  in  regard 
to  a  certain  picrare,  wherein  Cornelius  de  Witt,  brotiier  to 
the  penfianaiy,  was  painted  with  the  attributes  of  a  conque- 
ror. Ships  were  reprefented  in  the  back  ground  oi'the  piece, 
either  taken  or  burnt.  Cornelius  de  Witt,  who  had  vcally 
^lad  a  great  lhare  in  tlte  maritime  exploits  agaiiiit  Jingland, 
had  permitted  this  tritUng  memorial  of  Ids  glory:  but  the 
pi(fture,  which  was  in  a  m^mer  unknown,  was  dcpoHtedin 
^  chamber  wherein  fcarce  any  body  ever  entered.  1  he 
Englifli  miniiters,  y>  ho  prefented  the  coniplaii\ts  of  their 
king  againlt  Holland,  m  writrngj  therein  mentioned  cenain 
abufive  picftures.  The  ftates,  \\  ho  always,  trandaied  the  me- 
morials of  ambafladors  into  French,  having  lePidered  abt.- 
five,  by  the  words  far/tifs  trojnpturs,  they  replied,  that  they 
did  not  know  what  tliefe  r^guij}?  pictures  (cjs  tableaux 
trmnpeurs)  were.  In  reality,  it  never  hi  the  leaft  entered 
into  their  thoughts,  that  it  concenied  this  portrait  of  one 
of  their  citizens  ;  nor  did  they  ever  concci^  e  this  coidd  be 
a  pretence  for  declaring  wai-." 

A  few  Dutch  fliipi  arrived  the  year  afucr,  on  the  ;;oth  of 
July,  imdcr  Statev  ifland,  at  the  diftance  of  a  fe\v  mile* 
irom  the  city  of  New  York.  John  iNjiaiuiing,  a  captaiii  of  aii 
independent  company,  had  at  that  time  the  counnand  of  tho 
fort,  and  by  a  meiienger,  fent  clown  to  the  fquadron,  treach-. 
eroufly  made  his  peace  with  the  enemy.  On  that  very  day, 
the  Dutch  fhipA  came  up,  moored  under  the  fort,  landed 
^heir  men,  and  entered  the  ganiibn,.  wiihout  gi'^ij^S  or  re- 
ceiving a  fhot.  A  council  of  war  wc^  aflerwaids  held  at  the 
lladt  houle,  at  which  were  pj  efent 

Cornelius  Evertfe,  jun,  Jacob  Benkcs,  commodores.  An- 
thony Colve,  Nicholas  Bowes,  Abraiiam  Ferd.  Vaii  Zyll, 
captains. 

All  the  magiftrates  and  conftables  fromEaft  |er{ey.  Long 
IHand,  E&pus,  and  Albany,  were  immediateiy  Irsmmoned 
to  New  York  ;  and  the  major  part  of  them  Ivvore  allegiance 
to  the  Hates  general,  and  the  prince  of  Orange.  Col.  Love- 
lace was  ordered  to  depait  the  pi  ovince,  but  afterwards  ob- 
tained leave  tQ  return  to  England  with  conxmpdore  Benkes, 


^'  Voltaire's  a^e  of  Loids  XtV. 


AZ  T  H  E  II  I  S  T  O  R  Y 

It  has  often  been  infiiled  on,  that  this  conqiicfl  did  not  ex- 
tend to  the  whole  province  of  New-jerfey  ;  but  upon  >vh:it 
foundation,  I  cannot  difcover.  From  tiic  Dutch  records,  it 
appears,  that  deputies  were  fcnt  by  the  people  inhabiting 
the  country,  even  fo  far  v/cftward  as  Dcla\N  are  river,  who, 
in  the  name  of  their  principids,  made  a  declaiation  of  their 
fu'omilhon  ;  in  rctuni  for  which,  certaui  p  'ivilegcs  were 
granted  to  them,  and  three  judicatories  eictfted  at  Niewer 
Amftcl,  Upland,  and  Hocr  Kill.  Cohe's  commiifion  to  be 
governor  of  this  country  is  worth  printing,  becaiifc  it  fliows 
the  extent  of  the  Dutch  claims.  The  tranliation  rui.s  thus  : 
The  honourable  and  awful  council  of  war,  for  their 
high  mi(?htine{les  the  Itates  general  of  the  United  Kether- 
lands,  and  his  fcrcne  highnefs  the  pi  i nee  of  Orange,  over  « 
Iquadvon  of  fhips,  now  at  anchor  in  Hudfon's  liver  in  >.ew  - 
Netherlands.  To  all  thofe  who  fliall  fee  or  hear  thefe,  greet- 
ing. As  it  is  nece(Fary,  to  aj^point  a  fit  and  able  perlon,  to 
cany  the  clilcf  command  over  this  coriqiTell  of  New- 
Netlierlands,  with  all  its  appendencies  and  dependencies 
frov\  Cape  Hinlopen,  on  the  fouih  fide  of  the  fou.h  or  Dela- 
ware bay,  and  fifteen  miles  more  fourhc  ly,  wiJi  tl  c  faid 
bay  and  South  river  included  ;  fo  as  they  were  forme  ly 
poffcfll-d  by  the  directors  of  the  city  of  Amftcrdam,  and  af- 
ter, by  the  Englifli  government,  in  the  name  and  riglit  of 
the  duke  of  Yoi'k  ;  and  further  f  om  the  faid  cape  of  Hin- 
Jopcn,  along  the  great  ocean,  to  the  e  ifl  end  of  Lo.ig  Ifland, 
and  Sliehcr  Ifland  ;  from  thence  wcftward  to  the  middle  of 
the  Sound,  to  a  town  called  Greenwich,  on  tiic  main,  and  to 
run  landward  in,  northerly  ;  provided  tliat  fuch  line  fhall 
not  come  within  ten  miles  of  North  river,  conform.able  to  a 
provincial  treaty  made  in  1650,  and  ratified  by  the  ftates 
general,  P'cbruary  27,  1656,  and  Janna^  2:,  1664;  with  all 
lands,  illands,  rive  rs,  lakes,  kills,  creeks,  f  efli  and  fait  wa- 
ters, forti-efles,  cities,  towns,  and  plantations  thciein  com- 
prehended. So  it  is,  that  we  being  fufTiciently  aflbred  of  the 
capacity  of  Anthony  Colve,  captain  of  a  company  of  foot, 
in  the  fervi^e  of  their  high  mightineilcs,  the  ftares  general 
of  tlie  United  Xe  licrlands,  and  his  ferene  hlglinefs  the 
prince  >f  Orange,  &:c.  By  virtue  of  our  commiflion,  granted 
us  by  their  befo/e  mentioned  hi^h  mightinefles  and  his  high- 
nefs,  have  appointed  and  qualified,  as  we  do  by  thefe  pre- 
fents  appoint  and  qualify,  the  faid  captain  Anthony  Colve, 
to  govern  and  rule  thefe  lands,  with  the  append encies  and 
dependencies  thereof,  as  governor  general ;  to  protedl  them 
from  all  invafions  of  enemies,  as  he  fhall  judge  mod  necefia- 
ry  ;  hereby  charging  all  liigh  and  low  officers^  juftices^  and 


OF   NEW  YORK. 


43 


jHagiftrates.  and  others  in  authority,  foldiers,  burghers,  and 
all  the  hiiiabitants  of  this  land,  to  ackno^vledge,  honour, 
refpect,  aiii  obey  the  faid  Anthony  Colve,  as  governor  ge- 
neral ;  for  fuch  we  judge  neceflary,  for  the  iei-\ice  of  the 
countiy,  waiting  the  approbation  of  our  principals.  Thus 
done  at  fort  W  illiain  Henderick,  the  12th  day  of  Auguft^ 
1673. 

Signed  by  Jacob  Benkes." 

Cornelius  Eveitfe,  jun. 
The  Dutch  governor  enjoyed  liis  office  but  a  very  ihort 
feafon ;  for  on  the  9th  of  February',  1674,  the  treaty  of 
peace  beviween  England  and  the  itates  general  was  figned  at 
Weftjniniler  the  lixth  article  of  which,  reilored  this  coun- 
try to  the  Englifli.  The  terms  of  it  were  generally,  "  tliat 
whatfoever  couiiti-ies,  iflands,  towns,  ports,  caftlcs,  or  forts, 
have  or  fhall  be  taken  "on  both  fides,  fince  tlie  time  that  the 
late  unhappy  war  broke  out,  either  hi  Europe  or  elfewhere, 
fliall  be  reflored  to  the  former  lord  ;  nd  proprietor,  in  the 
fame  condition  they  ihall  be  hi,  AN  hen  tlie  peace  itfclf  fliall 
be  proclaimed  ;  after  which  time,  there  fliall  be  no  fpoil 
nor  plunder  of  the  inhabitants,  no  demolition  of  fortifica- 
tions, nor  carrying  away  of  guns,  powder  or  military  ftcres, 
wliich  belonged  to  any  callle  or  fort,  at  the  time  when  it 
was  taken." 

,  The  lenity,  which  began  the  adminiftration  of  col.  Ni- 
♦  cpl^s,  was  continued  under  L  ovelace.  He  appears  to  liave 
been  a  man,  rather  of  a  plilegmatic  than  an  ei.terpnfing 
difpofition,  always  pui  fum^  the  common  road,  and  fcai-cely 
ever  acting  v»ithout  the  aidot  his  council.  Inflead  of  taking 
upon  himlelf  the  fole  deteiraination  of  judicial  controver- 
lics,  after  the  examj^le  of  his  predeceflbr,  he  crdled  to  his 
alliftance  a  few  ]  llices  of  the  peace.  This,  wiiich  was  cal- 
led die  CO  i;t  Oi  afli  '.es  *,  was  die  principal  law  judicatory  in 
thofe  limes.  The  le-^iflative  power  under  the  duke,  was 
veftcd  enti  cly  in  the  c;c^-  enio  '  and  council.  A  tliird  eftate 
migh^  then  be  eafily  difponfed  with,  for  the  charge  of  the 


*  This  was  a  court  bo^h  of  law  and  equity,  for  the  tiial  of 
caufes  of  20!.  a.nd  upwards,  and  ordinarily  fat  but  ojice  a 
year.  Subordinate  to  tiiis,  were  tlie  town  courts  and  lef- 
fions  ;  the  former  took  cognizance  of  actions  under  5I.  and 
Vie  latter,  of  fui  3  benveen  tliat  fum  and  twenty  pounds  : 
feven  ccnftables  and  overfceis  were  judges  in  the  firfl: ;  and 
in  the  laft,  the  ju£Vices  of  tlie  peace,  with  a  jury  ©f  fevcn. 
men.  The  verdict  of  the  uiajoi  iry  was  fulHcient. 


44 


THE  HISTORY 


ftrovintt  was  Tmall  f ,  and  in  a  great  mcafiirt  defrayed  by 
liis  roy'cd  hi^hneJs,  the  proprieDor  of  the  country. 

Upon  conclvirion  of  the  peace  in  1674,  the  duke  of  York, 
16  remove  all  controvcHy  ref)ic(^tinff  his  propeny,  obtained 
a  new  patent  *  fi  om  the  king,  dated  the  2()u\  of  Jnne,  for 
the  lands  ji.^'aiKcd  in  1664,  and  rvvo  days  after  commilfioned 
m;fjor,  '\f:e''Nvarus  fir  Ediiiond  Anthol's  to  be  govenior  of  hi* 
tcrritori-  s  in  America.  After  the  refignation  of  this  pro- 
vince, -which  was  niflde  to  hhn  by  the  Dutch  pofleflbrs,  on 
the  ^,1(1  of  October  followinjc;,  he  called  a  court  martial,  to 
t»y  M:'n'un';for  his  treaclierous  and  cowardly  fuiTender. 
Tlie  articles  of  acculation  exhibited  againft  him,  weine  in 
fjiblhmce, 

I.  Tlr.ir  the  flii  1  Manninir,  on  the  2'^th  of  July,  167:?,  hav- 
{n  r  notice  of  the  npproacli  of  the  enemy's  licet,  did  not  en- 
deavour to  put  tlie  tra'Tifonin  a  pofture  of  defence  ;  but, 
on  the  contrary,  fHi^lired  fuch  as  oiferetl  their  idTiftance. 

II.  Tiiat  -n'hilc  the  fleet  was  at  anchor  under  Staten  Ifland, 
(m  the  ^o'h  of  July,  he  trcacheroufly  fent  on  board  to  treat 
with  the  enemy,  to  the  great  difcouragement  of  the  gar- 
rifon. 

III.  That  he  fuflfered  the  fleet  to  moor  under  the  fort, 
forbidding  a  gun  to  be  fired,  on  pain  of  death. 


■j-  The  manner  of  raifing  public  money,  was  eftablifhed  by 
60I.  Nicolls  on  the  fi. ft  of  June  1665:,  and  was  thus.  The 
hi^rh  fheriffilU'.ed  a  warrant  aimually,  to  the  high  confta- 
blcs  of  every  dillncT:,  and  they  fent  theirs  to  the  petty  con- 
ftables  ;  who,  with  the  overfeers  of  each  town,  made  a  lift 
6f  "11  male  peribns  above  fixtcen  years  of  age,  with  an  cfti- 
mate  of  their  rent  and  perfonal  eftates,  and  then  taxed  them 
According  to  certain  rates,  prefcribed  by  a  law.  After  the 
flflcQInent  was  returned  to  the  high  fheriff,  and  approved  by 
the  governor,  the  ccnftables  received  warrants  for  levying 
tlie  taxes  by  diftrefs  and  fale. 

*  Some  are  of  opinion,  that  the  fecond  patent  was  nn- 
jieceflary,  the  duke  being  revefted  per  poft  liminium.  This 
matter  has  been  often  difputed,  in  the  ejecflments  between 
the  New-Jerfey  proprietors  and  the  Elizabethtown  paten- 
tees. In  New  York,  the  right  of  poftliminy  was  difregarded, 
tmd  perhaps  unknown ;  for  there  are  many  inftances,  ef- 
pecially  on  Lon^  Ifland,  of  new  grants  from  fir  Fdmond 
Androfs,  for  lands  patented  imdcr  Nicolls  and  Lovelace,  by 
■which  the  quit-rents  have  been  aitfully  enlaro|€d. 


O  F   N  E  W-Y  O  R  K. 


4$ 


IV.  That  he  permitted  the  enemy  to  lund^  Avithont  the 
'leaft  oppofition. 

V.  l  hat,  fhortly  after  he  had  fent  pe^  fons  to  ti-eat  with 
the  Dutch  commodores^  he  ftruck  his  flag,  even  before  tbe 
enemy  were  in  fight  of  the  garrilbn,  tiie  fort  bemg  in  a 
condition,  and  the  men  defnous,  to  fight. 

VI.  And  laftly,  that  he  treachei oufly  canfed  the  fort 
gates  to  be  opened,  and  cow  ardly  and  balely  let  in  the 
enemy,  yielding  the  garrifon  without  articles. 

This  Ibandalous  charge,  which  Manning  on  his  trial  coii^ 
fefled  to  be  true,  is  lefs  furpiifing,  than  ihe  lenity  of  the 
fentence  pronounced  againtt  him.  It  was  tins,  that  though 
hedeferved  death,  yet  becaufe  he  had,  fince  tiie  furrender, 
been  in  England,  and  feen  the  king  and  the  duke,  it  was 
adjudged  that  Ids  fword  fhould  be  broke  over  his  head  in 
public,  before  the  city  hall,  and  himfelf  rendered  incap;^- 
ble  of  wearing  a  fword,  and  of  fei  ving  his  majelty  for  the 
future,  in  any  public  truft  in  the  government. 

This  light  cenfure  is  however  no  proof,  that  fir  Edmond 
was  a  man  of  a  merciful  difpoiltion  ;  the  hiftorians  of  New- 
England,  where  lie  was  afterw^ards  governor,  juftly  tranf- 
mit  him  to  pofterity,  under  the  odious  charac^ter  of  a  lyco- 
phantic  tool  to  tlic  duke,  and  an  arbitrary  tyrant  over  the 
people  committed  to  his  care.  He  knew  no  law,  but  the 
will  of  his  mailer :  and  P^irk  and  Jclferies  were  not  lit- 
ter inftnimcnts  than  he  to  execute  the  defpotic  proje«5ti3 
of  James  II. 

In  the  year  167^,  Nicholas  Renflaer,  a  Dutch  clergyman, 
anived  here.  He  claimed  the  manor  of  Pvcnfiaerwick,  and 
was  recommended  by  the  duke  to  fir  Edmond  Ar.drofs  for 
a  living  in  one  of  the  churches  at  New-York,  or  Albany, 
probably  to  ierve  the  popifn  caufc*.  Niewenhyt,  mmifler 


*  Another  reafon  is  aliigned  for  the  favour  he  met  with 
from  the  crown.  It  is  faid,  that  while  Charles  II.  w^as  an 
exile,  he  predicted  the  day  cf  his  reftoration.  The  people 
of  Albany  had  a  liigh  opinion  of  his  p  opheric  Iplrit,  and 
inany  ftrangc  tales  about  him  ilili  prevail  there.  The  pai  fon 
made  nothing  of  his  claim,  the  manor  being  afterwards 
granted,  by  col.  Dongan,  to  Killian  Vaii  Renflacr,  a  diilant 
relation.  This  extenfive  tra(fl,  by  the  Dutch  called  a  colony, 
is  an  oblong,  extending  24  miiles  upon  Hudfon's  river,  and 
as  many  on  each  fide.  The  patent  of  confirmation  wa^  illued 
by  fpeclal  dire<^lion  from  the  king,  and  is  the  mofc  libera], 
in  the  privileges  it  grants,  of  any  one  in  the  province. 


4^ 


THE  HISTORY 


tji  the  church  at  Albany,  difputed  his  right  to  adminiftCT 

tlie  fdcrainciits  ;  bccaule  he  iiaa  ifccivcrt  un  epilcoixil  or- 
diiia.ioii,  an  i  was  noL  appioved  b/  the  clallis  of  Amllerdam, 
to  wliicii  tii  J  Dutca  ciiiirclics  here  h»)lvl  thCiiilcKts  lubordi- 
nate.  In  this  tontioveiiy,  the  govcii.or  took  the  pan  oi* 
Henilacr,  and  accordiiii2,ly  lunimoucd  NicweuIiyL  before 
lii:n,  to  anlwci  for  his  conduct,  'i  iiis  niiiiiller  r,ds  treated 
"lyiih  fucn  fui^ular  contempt,  aiid  I'o  iVequemly  lian  ailed  by 
fraiUefs  and  expci.live  aiLeiidances  bcfoie  the  coiuicil,  that 
tnc  dilpuie  became  inieiciiini:,  and  the  greater  j.art  of  the 
people  icfenicd  tiie  ulane  he  met  >vith.  Hence  \%e  fuid, 
tliac  tiie  maglflraies  of  Albany,  foon  after  iniphfoncd  Rer»- 
llaer,  for  leveral  rUibious  words  (as  they  arc  called  m  the 
reco  d)  dvlivcrcd  in  a  fe:nion.  1  lie  gover  nor,  on  the  oiher 
hand,  orciej  ed  hi:n  to  be  relcafed,  and  funinioned  the  n.a- 
gilt  ates  lo  attend  liiiu  at  New  ^  ork.  W  arranis  ^ti  e  then 
i  faed  to  compel  tliem  to  give  lecurity  in  soccl.  each,  to 
r)al*.e  out  crood  caidc  lor  confining  the  ininificr.  Leiller, 
who  was  one  of  tiieai,  rcfufcd  to  comply  wiih  the  warrant, 
and  was  throwTi  into  ^aol.  Sir  tdmond,  fearful  that  a  great 
party  Wouid  rile  \ip  ar^aiiilt  him,  was  at  lalt  compelled  to 
difcontinue  his  ecdelialtical  jurildiction,  and  to  refer  the 
controverfy  to  the  deiermlnaiion  of  the  conliilo'^'  of  the 
Dutch  church  at  Albany.  It  is  perhaps  not  in;probable,  tliat 
thefe  poplfli  m.cafures  fow  ed  the  feeds  of  that  averhon  to 
the  duke's  government,  wliicli  afterwards  produced  thole 
violent  convulfioiiS  in  the  province  under  Leiher,  at  the 
time  of  the  revolution,  in  favoar  of  the  prince  of  Orange. 

If  fir  td;:io:.d  Andrews's  adminiftration  at  New-York, 
appears  to  be  Icls  exceptionable,  than  while  he  connnande<l 
at  Bofton,  ir  was  through  want  of  more  opportuniiies  to 
fliow  hiirJ'rlf  in  his  true  light.  The  main  courfe  of  his  pub- 
lic p-oceedincrs,  during  his  coniinuance  in  the  province, 
was  fpent  in  the  o'  dinary  acts  of  government,  m  hich  then 
principally  conlilted  in  ])af!ing  grants  to  the  fubjeci,  and 
pieliding  in  the  court  of  alhze,  cltablifiied  by  col.  Lovelace, 
'i  he  public  exigencies  were  now  in  part  fupplied  by  a  kind 
cf  benevolence  ;  rlie  badge  of  bad  times  !  This  appears  iu 
r.a  cntiy  on  the  records,  of  a  letter  of  May  the  5th,  1676, 
f^om  governor  Ar^d-ofs,  to  fevpral  towns  on  Long  Ifland, 
djfiring  to  kno%v,  what  funis  they  would  contribute  to- 
vards  the  war.  Near  the  clofe  of  his  adminiHrarion,  he 
thought  p.  oper  to  quarrel  with  Pldlip  Carteret,  who  in 
iS^o,  exercifed  the  governincnt  of  tall:  Terfey,  rnder  a 
comri'fiion  'rom  Hr  George  Carteret,  dated  the  ^iftof  Ju- 
ly^  1675.  Andiofs  difputed  his  right, and  ieized  andbrouglit 


O  F    N  E  W-Y  O  R  K. 


47 


him  prifoner  to  New-York  ;  for  which  it  is  laid  he  lofl  his 
own  government ;  but  whoever  confiders  that  fir  Edir.oncl 
was  immediately  preferred  to  be  g(iverriOr  of  Bolion,  v  iil 
i-ather  believe^  th^it  th€4tikeil:z)eil(Eiied  him  for  feme  otlier 
reafons. 

Before  I  proceed  to  the  fucceeainc;  adm!nin:ra*^:on,  in 
which  our  Indian  affairs  began  to  iiavc  a  powerful  inHueiue 
upon  the  public  mealures,  it  mny  not  be  improper  to  pre- 
fent  the  reader  with  a  furnniary  view  of  the  liillory  and 
character  of  tlie  five  narions*.  Thefe,  of  all  thofe  inranncr- 
able  tribes  of  lavages,  which  inhabit  tlie  northern  part  of 
America,  are  of  nioft  importance  to  us  aud  the  French,  bcih 
on  account  of  their  vicinity  and  warlike  difpofition.  Before 
the  late  incorporation  of  the  Tufcaroras,  a  people  dnveu 
by  the  inhabiiants  of  Carolina  from  the  frontiers  of  V  ir-. 
ginia,  they  confilted  of  five  confederate  cantonsf .  Wliat  in 
particular  g^'^e  rife  to  this  league,  and  when  it  took  place, 
are  quellions  which  neither  the  natives,  ror  Europeans, 
pretend  to  anfwer.  Each  of  thefe  nations  is  divided  ir.to 
three  families,  or  clnns,  of  different  ranks_,  bearing  for  their 
arms,  and  beiug  dilLiiiguiflied  by  the  names  of,  the  tortcife, 
the  bear,  and  the  v  clfi. 

No  people  in  the  wo  Id,  peihnps,  have  higher  nctioris 
than  thefe  Indians,  cf  military  glory.  All  the  furrounding 
nations  have  felt  the  cfreCts  cf  their  prowefs  ;  and  mar»y 
not  only  became  their  tributaries,  but  wc  efo  fiil  jugattd 
to  their  power,  tl.at  without  tlieir  coufcnt,  they  duifl  not 
commence  either  peace  or  war. 

Though  a  regular  police  for  the  prefe:  vation  of  har- 
mony within,  and  the  defence  of  the  ftate  sgairfl  invaficns 
from  without,  is  not  to  he  expecfced  f  om  the  people  of 
whom  I  am  now  vvn-iting,  yet  perhaps,  they  have  paid  u^ove 
atrention  to  it  than  is  generally  allowed.  Their  government 
is  faited  to  their  condition.  A  people  whofe  nchcs  coiTiit 


*  By  the  Dutch  called  Maquaas,  by  the  French  Iroquois, 
and  by  us,  five  nations,  lix  nations,  and  lately  rhe  confede- 
rates. They  are  greatly  diminifhcd,  and  confift  now  only  of 
about  twelve  hundred  fighting  men. 

f  The  Tu'^caroras  were  received  upon  a  fuppcHtion,  thnt 
they  were  onginally  cf  the  fame  ftockwith  the  five  nations, 
becaufe  there  is  fome  hmilitude  between  their  bu'rvisses. 

Their  inftmmcnts  of  conveyances  are  figned  by  figna- 
tures,  which  they  make  wiih  a  pen,  reprefentirg  tlicre 
animals. 


48 


THE  HISTORY 


not  fo  much  in  ab.mdance,  as  in  a  freedom  from  want^— 
"Who  are  circumfcribed  by  no  bouiida  ies,  who  live  by  hunt- 
ing, and  not  by  agricukure  — m  lit  always  be  free,  aud 
th(M-efo  e  f  ibje  t  to  no  other  autho  iry,  than  fiich  as  con- 
fi'li  wi;h  the  llbeity  neccfia:*ily  arifing  fi  om  their  cii  cum- 
ft  uicc^.  All  thei  affairs,  wnelher  refpecting  peace  or  war, 
a  ?  un  ler  the  direc'iioii  of  their  liuhems,  or  chief  men. 
Grcar  «':ploi':s  and  public  vi.ti.e  procure  ilie  ellccni  of  a 
people,  and  <^ualify  a  man  to  adviic  in  co'mc  il,  and  execute 
the  '/au  CO  i  ertcd  for  the  adva  r  age  of  his  countiy  :  thus 
who.*  cr  apoears  to  the  Indians  in  this  advantageous  light, 
com  nrnccs  a  fachein  without  any  o  Iilt  ceremony. 

As  the'e  is  no  other  way  of  rj  '  iving  at  ihis  dignity,  fo  it 
ceases,  nnlefs  an  unifo  m  zeal  and  activity  iov  the  common 
goo-1.  is  imjnterra\>*cdly  con.  inaed.  Some  have  thought  it 
herfdirn  y  ;  but  iiia-:  is  a  millar.e.  The  fon  is,  indeed,  rc- 
fpcf'ted  for  his  fa^hci 's  fcrviccs  i  but,  without  jierfonal  me- 
rit, he  ran  neve  ihwe  in  the  government  ;  which,  were  it 
o  h?i-wife,  mnft  fnik  into  pe  feet  difg  ace.  The  children  of 
fiicii  as  are  diftin^rnifhed  for  their  patriorifm,  moved  by  the 
confideracion  of  Jicir  birth,  and  the  pe- petual  incitements 
to  viraie  coullanily  inculcaie*!  into  them,  imitate  their  fa- 
thcis'  cxp:'j  rs,  and  thus  attain  to  the  fame  honours  and  in- 
fluence i  which  accounts  for  the  ophiion  that  the  title  and 
po  A'er  of  fachem  is  hereditary. 

Each  of  thefe  republics  has  its  own  particular  chiefs,  who 
liearanvl  derermine  all  complaints  in  council  ;  and,  though 
they  have  no  ofliccrs  for  the  execution  of  juftice,  yet  their 
decrees  a  e  always  obeyed,  fiom  ihe  general  reproach  that 
AVould  follow  a  contempt  of  tlicir  advice.  The  condition 
of  this  people  cxcn.p-s  them  from  factions,  the  common 
difeafc  of  popular  governments.  It  is  impoflible  to  gain  a 
party  amongft  them  by  indirect  means  ;  for  no  man  has 
either  honour,  riches,  or  power  to  beftow*. 


ij:  An  Indian,  in  anfwer  to  his  quellion,  what  the  white 
people  meant  by  covetoufnefs  ?  was  told  by  another,  that 
i:  figii'aed,  a  Jeii'  e  of  more  than  a  man  had  need  of.  That's 
ft  ange  '  faid  the  q^ierift. 

*  The  le  arned  and  jndlcious  author  of  the  fpirit  of  laws, 
freaking  of  a  people  who  have  a  fixed  property  in  lands, 
observes,  "  that  .'fa  chief  would  deprive  them  of  their  li- 
be  "ty,  they  would  immediately  go  ar.d  feek  it  under  ano- 
th.e  %  or  re  ire  into  the  woods,  and  live  there  with  their 
families."  The  five  nations  can  never  be  enflaved,  till  they 


O  F    N  E  W-Y  O  R  K. 


All  affairs,  which  concern  the  general  intereft,  are  deter- 
mined in  a  great  afiembly  of  ^he  chiefs  of  each  canton, 
ufually  held  at  Onondaga,  the  centre  of  their  connuy.  Up- 
on emergencies,  they  act  ieparateiy  ;  biu  nctlung  can  bjud 
the  league,  but  the  voice  of  the  genei  al  ccnveju.oii. 

The  f'rench,  upon  the  maxiin,  divide  et  ni.pera,  have 
tried  all  poflible  means  to  divide  thefe  republics,  and  foine- 
times  have  even  fown  great  js^alouUes  ainong  them.  In  con- 
fequence  of  this  plan,  they  have  leduced  n.cny  families  to 
vithdraw  to  Canada,  and  theie  fettled  thcui  in  regular 
towns,  under  the  command  of  a  fort,  and  the  tuition  of 
niiiliona^ies. 

Tiie  manners  of  thefe  fhvf»ges  are  as  fimplc  as  their  go- 
vernment. Their  houfes  are  a  few  ciotched  ftakes  thruft 
into  the  ground,  and  overlaid  with  ba:k.  A  fire  is  kindle*;! 
in  the  middle,  and  an  apertuie  left  at  the  top  for  the  con- 
veyance of  vhe  fmcke.  Whenever  a  confiderable  number 
of  thofe  huts  are  collected,  they  have  a  cai  le,  as  it  is  cal- 
led, confining  of  a  fquare  w  ithout  bailions,llu  rounded  wiih 
pallifadoes.  1  hey  have  no  other  foi  tificaticn  ;  and  this  is 
cnlydeftgned  as  an  afylum  for  tiieir  old  mea,  their  wives, 
ai.d  children,,  while  the  reft  aie  gone  out  to  war.  Tl.ey  live, 
aimoft  entirely  wiilio..t  care.  \Viulethe  women,  or  fquaws, 
cultivate  a  Hale  fpot  of  ground  for  co-n,  the  men  employ 
them  .'elves  in  hunthig.  As  to  clothes,  they  ufe  a  blanket 
gilt  at  the  waiil,  and  thrown  loolbly  over  their  fhoulders  ; 
Ibme  of  their  w  omen,  indeed,  have,  belides  this,  a  fort  of 
a  petticoat,  and  a  few  of  their  men  wear  Ihiits  ;  but  the 
greater  part  of  them  are  generally  half  naked.  In  winter, 
their  legs  are  covered  with  ftockings  of  blanket,  and  theh' 
feet  with  focks  of  deer  fkiii.  Many  of  them  a;  e  fond  of  or- 
naments, and  their  talle  is  very  fmgular.  1  have  fee  •  rings 
afHxed,  not  only  to  their  ears,  but  their  nofes.  Bracelets  of 
filver  and  braft  round  their  w  rifts,  are  very  common.  The 
women  plait  their  hair,  and  tie  it  up  behind  in  a  bag,  per- 
haps in  imirarion  of  the  French  beaux  in  Canada.  Thor.gli 
the  Indians  are  capable  of  fuft:ainirg  great  hardlhips,  yet 
they  cannot  endure  much  labour,  being  rather  fleet,  than 
ftrong.  Their  men  are  taller  than  the  Europeans,  rarely 


grow  rich  by  agriculture  and  commerce.  Property  is  the 
moft  permanent  bafis  of  power.  The  authority  of  a  fachem 
depending  only  upon  his  reputation  for  wildom  and  cou- 
rage, mufl;  be  weak  and  precarious,  and  therefore  fafe  t% 
the  people. 


THE  IIISTOHY 


corpulent,  alwavs  beardlcfs*,  flraight:  limbed,  of  a  rawrv 
complexion,  and  black,  uncurled  hair.  In  their  food,  tliry 
have  no  manner  of  delicacy  ;  for  though  venifon  is  rheir 
ordinary  diet,  yet  I'omciimcs  they  eat  <iop;s,  bears,  and  even 
fnakes.  I  heir  cookery  is  of  tv\o  kinds,  boiled  or  roallcd  ; 
to  perform  the  latter,  the  meat  is  penetrated  by  a  Ihor; 
Iharp  (tick  fet  in  the  ^romul,  inclining  towards  the  ri;  e,  aiid 
tunicd  as  occafiou  requires.  Tliey  a'-e  hofpitrible  to  ll  nn- 
gcrs  ;  though  few  fcuropems  woidd  reliiii  thei.  highclt  fa- 
vours of  tliis  kind  ;  for  they  a  e  very  nalty  botli  in  tlu  n- 
jf^annenrs  and  fomi.  Eveiy  man  iias  iiis  own  wife,  whom  he 
takes  aiul  leaves  at  pieafure  :  a  plu:  aliry,  how  ever,  at  tiie 
fame  time,  is  by  no  means  admitted  among  them.  Tliey 
have  been  <yencrally  commended  for  their  thaflity  ;  bin  1 
am  informed  by  pood  a'jtho:ity,  il.at  they  «ie  very  hi'- 
civlous,  and  that  the  v.onien.  to  avoid  rep-oach,  f  enuen^^y 
deilroy  the  f  etus  in  tl.e  won^b.  1  hcj  a  -  e  fo  ped'eCtly  f  tc, 
that  uidcfs  their  children,  who  genetally  afiiit  the  moiher, 
may  be  called  fervun.s,  they  have  none.  The  men  fjeq.'ent- 
ly  aflbciate  thcmfelvcs  for  convei  farion,  by  which  means 
they  not  only  p-efervc  the  remembrance  of  their  wars,  an  1 
treaties,  but  diffafe  among  their  youths,  incitements  .o 
military  glory,  as  well  as  inltrucfLion  in  all  the  fubrilties 
of  war. 

Since  they  became  acquainted  "with  the  Knrcpeans,  their 
warlike  apparatus  is  a  ninfrct,  hat(  hetf,  and  a  long  knife. 
Their  boys  Hill  accuikom  themfelves  to  bows  and  arrov  s, 
and  are  ^o  dcx^ro^is  in  the  u'e  of  them,  that  a  lad  of  iix- 
teen,  will  (h  ike  an  Kngilfh  (hilling  five  times  in  ten,  at 
twelve  or  fourteen  ya-  ds  diftance.  Their  men  are  exrellent 
niarkfmen,  both  vviih  the  gun  and  hatchet ;  their  dexreri-y 
at  the  latter  is  very  extraordinary  ;  for  they  rarely  mifs  the 
objecl:,  though  at  a  confiderablc  difiance.  The  hatchet  in 
the  flight  pcrpernrdiy  turns  round,  and  yet  always  ftrikes 
the  m.aik  with  the  edge. 

Befo-  e  they  go  out,  they  have  a  feafl  upon  dogs'  flefh, 
and  a  great  war  dance.  At  thefe,  the  warriors,  who  a'-e 
frigHtfully  painted  with  vennillion,  rife  up,  and  fmg  their 


*  Becaufe  thev  pluck  out  the  hairs.  The  French  writers, 
who  fay  they  have  naturally  no  beards,  are  miftaken  ;  and 
the  reafons  they  aflign  for  it  are  ridiculous. 

f  Kence,  to  take  up  the  hatchet,  is  with  them  a  phraH; 
fignifying  to  declare  war  ;  as,  on  the  contrary,  to  bury  it, 
denotes  the  efcabliftiment  of  a  peace. 


OF    N  E  W  -  Y  O  R  X. 


SI 


«wn  exploits,  or  thofir  cf  their  anceftors,  and  thereby  kin- 
dle a  military  entH'uiiaini  in  the  ^\hole  company.  7  he  day 
after  the  dance,  they  march  out  a  few  miles  in  a  rcw,  ob- 
fervir;g  a  profound  iiience.Theprcceliion  being  ended,  they 
Iti  ip  the  bark  from  a  large  oak,  and  pamt  tiie  defign  of  their 
ejcpeditian  on  tiie  naked  trunk.  The  figiive  cf  a  canoe,  with 
the  number  oi  men  in  ic,  determines  the  ftrengtn  ot  their 
pariy  ;  and  by  a  deer,  a  fox,  or  icme  other  emblem  painted 
at  the  iiead  of  it,  w  e  diicover  againil  what  nation  they  are 
gone  out. 

The  five  nations  being  devoted  to  war,  every  art  is  con- 
trived lo  diffufc  a  Diilitary  fpiiit  through  the  v\hole  body 
of  their  people.  The  ceremonies  attentimg  the  return  of  a 
party,  feem  calcidated  in  particular  for  tliat  purpofe.  T  he 
day  before  they  enter  the  villare,  two  heralds  advance^ 
and,  at  a  fmall  d5ftance,  fet  up  a  yell,  which,  by  its  modula- 
tion, intimates  either  good  or  Lad  news.  It  the  former,  the 
village  is  alarmed,  and  an  entertainment  provided  for  the 
conquerors,  who,  m  the  mean  time,  approach  in  fight :  one 
of  them  bears  the  fcalps  ftretclied  over  a  bow,  and  elevated 
upon  a  long  pole.  T  he  boldeil  man  in  the  town  comes  out, 
and  receives  it,  and  inftantly  fiies  to  the  hut  where  the  rcll 
are  collected.  If  he  is  overtaken,  he  is  beaten  unmercifully: 
but  if  he  out-runs  the  purfuer,  he  participates  in  the  ho- 
nour of  the  viclors,  who,  at  their  firil  entrance,  receive  no 
conjpliments,  nor  fpeak  a  fingle  v/ord  till  the  end  cf  the 
feafi.  Their  parents,  wives,  and  children,  then  are  admit- 
ted, ar'd  treat  them  with  the  profound  eft  refpetf.  Aiter 
thefe  falutations,  one  of  the  conquerors  is  appointed  to  re- 
late the  whole  adventure,  to  which  the  reft  attentively  lif- 
ten,  without  aiknig  a  queftion,  and  the  whole  concludes 
with  a  favage  dance. 
I      The  Indians  riever  fight  in  the  field,  or  upon  eqnal  terms; 
I  but  always  fculk  and  attack,  by  lurprife,  in  Imall  parties, 
meeting  every  night  at  a  place  of  rendezvous.  Scarcely  any 
enemy  can  efcape  them  ;  for  by  the  difpofition  of  the 
grafs  and  leaves,  they  follow  his  tra^k  with  great  fjieed 
j  any  wliei  e  but  over  a  rock.  Their  barbarity  is  fhocking  ta 
I  human  naciu-e.  Women  and  children  they  generally  kill 
I  and  fcalp,  becaiife  they  would  retard  their  progi  efs ;  but 
I  the  men  they  carry  into  capdvity.  If  any  vv  oman  luis  loll:  a 
I  relation,  and  inclines  to  receive  the  prifoner  in  his  ice-ad, 
he  not  only  efcapes  a  ferics  of  the  moft  inhuman  tortures, 
I  and  dearh  itfelf,  but  enjoys  every  immunity  they  can  be- 
llow, and  is  efteemed  a  member  of  the  family  iijto  v/hich 
ke  is  adopted.  To  part  v*dth  hiin  would  be  the  moft  igna- 


5* 


THE  HISTORY 


minious  condii(*t:,  and  confidercd  as  felling  the  blood  of  the 
dcccalbd  ;  and  tor  tliis  rcalbn  it  is  not  without  the  greatelk 
difliculty,  tluiL  a  captive  is  redeemed. 

When  the  Indians  incline  to  peace,  a  meflcnger  is  fent  ttr 
the  enemy  with  u  pipe,  the  l)o\rI  ot  which  is  made  of  foft, 
red  marble ;  and  a  long  reed  beautil'ully  painted,  and  a- 
domed  vsiih  the  gay  plumage  of  bh-ds,  forms  tiie  licm» 
This  i»  his  infallible  proteotion  from  any  alia ult  on  the  way. 
The  envoy  makes  his  propofals  to  the  enemy,  who,  if  they 
approve  them,  ratii'y  the  pi eliminaries  to  the  jxace,  by 
fmoking  tlr  ough  the  pipe,  and  from  that  inlkant  a  general 
celliiiion  of  aruis  takes  place,  'i'he  Frejich  call  it  a  calumet. 
It  is  iifeil,  as  Hnr  as  I  can  learn,  by  all  the  Indian  nations  up- 
on the  con  Jnent.  The  rights  of  it  are  elteemed  lacred,  and 
h:ive  been  only  invaded  by  the  flat  heads  ;  in  jult  indigna» 
tion  for  which,  the  confederates  maintained  a  war  with 
them  for  near  thirty  years. 

As  to  the  htnguage  of  the  five  nations,  the  bcft  account  I 
have  liad  of  it,  is  contained  in  a  letter  from  t!ie  reverend 
mr.  Spencer,  who  refidetl  among  them  in  the  year  1 748,  be- 
ing the  I  a  miflionary  from  the  Scotch  fociety  for  propaga- 
thig  chrilUan  knowledge.  Ke  writes  thus  : 
"Sir, 

THOUGH  T  was  very  defirous  of  learning  the  Indian 
tongue,  yet  through  my  ihort  refidence  at  Onoughquage, 
and  the  furly  difpofirion  of  my  interpreter,  I  confeis  my 
prftficienry  was  not  great. 

"  Except  the  Tufcaroras,  all  the  fix  nations  fpeak  a  lan- 
guage radically  tlie  fame.  It  is  very  mafcidine  and  fonorous, 
abounding  with  gjtrurals  and  ftrong  afpirations,  but  with- 
oni  labials.  Its  fofemTi  grave  tone  is  owing  to  the  generofity 
of  i:s  feer,  as  you  will  obferve  in  the  following  tranflation 
of  the  Lord's  pmyer,  in  which  1  have  diiHnguifhed  the  time 
of  every  fyllable  by  the  common  marks  ufed  in  profody*. 


*  If  we  had  a  good  dicl:ionary  marking  the  qiiantiry  as 
well  r3  emphiafis  of  eVery  fyllable  in  the  Englilh  language^ 
Jt  would  conduce  to  ?.n  accuracy  and  uniformity  of  pronun- 
ciation. The  dignity  of  ftyle,  fo  far  as  the  ear  is  concerned, 
confifl:s  principally  in  generous  feet ;  and  perhaps  it  may 
be  a  juft  remark,  that  no  fcnrence,  unlefs  in  a  dialogue, 
ends  well  without  a  full  found.  Gordon  and  Fordyce  rarely' 
fwerve  from  this  rule  :  and  mr.  Mafon,  an  ingenious  author, 
has  lately  written  with  great  applaufc  oh  this  attribuie  of 
ftyle. 


^  F    N  E  W  -  Y  O  R  k. 


^  **  SoungwaurieHa,  cauroiinkyawga,  lehieeia.  oan,  sauhsoneyouna, 
5«a,  Nawai  CyOJ,  olcettauhNcla,  eaneauwoiin^.  ria.  *  ajrouiik)  a/.-^a, 
nughwSnfhautia,  rieatte«vehp.e5-alau4i.  laQgwaur.auioro  u  au  oughiick, 
loaotaugweieewhe- ouflaung.  cne.ieeyeui,  chaquaiauiei a ne) oulla- 
tii.na,  loughsaii,  laagwaaf. arEneJi,  iawau;6;teriadfc,aiougniouiigga,  na- 
sawne,  sacheaii  au^iwafs,  coanietiJalohaaiizaickavN ,  e-a.  Ja^a<inre- 
y6;i,  esa,  safhautzia,  esa,  foungwalouiig,  chenneauhaungwa,  auwen. 

The  extiaordiiia.ry  lengtn  ot  Indian  woids,  and  iho 
guttural  afpiradons,  neceilu  y  in  pronouncing  them,  ren- 
der the  Ipeech  extremely  iough  ai.d  dilliCLk.  The  vei  cs  ne- 
ver change  in  their  terminations,  as  in  Latin,  Greek,  ami 
Hebrew,  but  ali  tiieir  vanaaons  are  prcrlxcd;  Befides  ih&. 
lingular  and  phiral,  they  have  alio  ihe  dual  nuiiibcr.  A 
Tt.angc  tranfpofi:ion  oFfyllables  of  uifFerent  words,  enplio- 
ni  -  gratia,  is  veiy  common  in  the  Indian  roiij^ue;  of  vvhicli 
I  will  crive  an  inllance.  OgTlla  lignilies  fire,  and  ca\>  aui.i.a 
great  J  but  inilcad  of  joining  the  adjective  and  fubilauiive  to 
fay  great  fire,  cawauura  o^illa,  botii  words  would  be  blen- 
ded into  this  one,  co-guia-wauima.  The  dialect  of  the  v  ney- 
da3,  is  fofierthan  that  of  tlie  otiier  nations;  and  the  reafonis, 
bjcaufe  they  fiave  more  vowels,  and  often  fupply  the  place 
of  ha^fii  letters  wirh  liquids.  Inftead  of  R,  they  always  ufc 
L  :  Rebecca  vronld  be  pronounced  Lequecca." 

The  art  of  public  fpeaking  is  in  higii  Cilcem  Hmong  the 
Indians,  and  much  ftudied.  They  are  extremely  fond  of 
method,  and  difpleafed  with  an  irregular  harangue,  becaufe 
it  is  d  fhcult  to  be  remembered.  When  they  anlv  er^^  they 
repeat  the  whole,  reducing  it  into  ft.  ict  order.  Their 
fpeeches  are  Ihort,  and  the  lenfe  conveyed  in  lf4cng  meta- 
phors. In  converfation  they  a  e  fprighdy,  but  folemn  ?.iaI 
ierious  in  then*  meHao;es,  relating  to  public  aflairs.  Their 
fp^akers  deliver  themfelves  with  fuip.  ifijig  force  and  j^'eat 
propriety  of  gt  fture.  The  fie'  cenefs  of  their  countenances, 
the  flowing  blanket,  elevated  tone,  naked  arm  and  e  ec4 
ftature,  with  a  half  circle  of  audicors  feated  on  the  ground, 
and  in  the  open  air,  cannot  but  imprefs  upon  the  mind,  it 
lively  idea  of  the  ancient  orators  of  Greece  and  Rome. 

At  the  clofe  of  every  important  part  of  the  fpeech,  rati-i 
fyir\^  an  old  covenant,  or  c.  eating  a  new  one,  a  belt  is  g^c^ 
nerally  given,  to  pe  .petuate  the  rememb  ance  of  the  tranf- 
aition.  Thefe  belts  are  about  four  inches  wide,  and  thi;ty 
in  length.  They  confift  of  firings  of  conque  ihell  beads  fal' 
'tened^together*. 


*  Thofc  beads^  which  pafs  for  money,  arc  called  by  the 

H 


THE  HISTOkY 


With  rcrpccfl  to  religion,  the  Indlntis  may  be  ftihl  to  he 
\inder  the  thickclt  gloom  of  ignoi-ance.  If  tJiey  have  a?i^, 
Vhich  is  Tiiiich  to  be  quelilonecl,  tliofc*  vho  aflii  in  it,  will 
find  it  difficalr:  to  tell  us  whcivin  it  confills.  They  ha\e  nei- 
ther prielt,  nor  icinple,  fiic,  iiicc  nor  aiiar.  Seme  traces,  in- 
deed, appt-ar,  of  the  ovifriiiul  law  wiirien  upon  their  hearts  ; 
but  they  iiavc  no  fyllem  of  doctrines,  nor  any  riies  and 
modes  of  public  worlhip.  They  are  funk,  unfpeakably  be- 
neath the  police  pagans  of  anticjuity.  Some  confu(ed  no- 
tions, indeed,  oi  beings  fuperior  to  thciniclves,  they  have, 
but  of  the  Deity  and  his  natural  and  iTiOT;»l  perfWticns,  no 
prop?r  or  tolerable  conceptions  ;  and  of  hi;;  general  and 
particular  proviilcncc  they  kiiow  nothing.  Tiiey  profefs  no 
obligations  to  him,  nor  ackno^vlcdge  their  dependence  up- 
on him.  So.ne  of  them,  it  is  Hiid,  are  of  opinion,  that  there 
are  tw  o  dilHnOc,  powerful  beiiv^,  one  able  to  help,  the 
other  to  do  then:  han  i.The  latter  they  venerate  melt,  and 
fome  allege  that  they  addrefs  him  by  a  kind  of  prayer. 
Thop.gh  there  are  no  public  monuments  of  idolatry  to  be 
ieen  in  their  coimtry,  yet  the  miflionarics  have  dilcoveretl 
coarfe  ima;;erv  In  wooden  trinkets,  in  the  hands  of  their 
jugglers,  which  tiie  converts  deliver  up  as  deteltable.  The 
iight  of  them,  would  remind  a  man  of  letters,  of  the  lares 
and  penates  of  the  ancients  ;  but  no  certain  juugment  can 
be  drawn  of  their  ufe.  The  Indians  fometimes  aflemble  in 
large  numbers,  and  retire  far  into  the  wildernefs,  where 
they  cat  and  drink  in  a  prof  ufe  manner.  Thefe  conventions 
are  called  Kenticoys.  Some  efteem  them  to  be  debauched 
revels  or  Bacchanalia :  but  thole  who  have  privately  fol- 
lowed them  into  thefe  reccfles,  give  fuch  accounts  of  their 
conduct,  as  naturally  lead  one  to  imagine,  that  they  pay  a 
joint  homage  and  fupplication  to  fome  invifible  being.  If 
we  fuppofe  they  have  a  religion,  it  is  woi  fe  than  none,  and 
raifes  in  the  generous  mind,  moft  melancholy  ideas  of  their 
depi-aved  condition.  Little  has  been  done  to  illuminate 
thefe  dark  comers  of  the  earth,  with  the  light  of  the  gof- 
pel.  The  French  priefts  boall,  indeed,  of  their  converts, 
but  they  have  made  more  p  ofclytes  to  politics  than  reli- 
gion. Queen  Anne  fent  a  millionary  among  them,  and  gave 
him  an  appointment  out  of  the  privy  purfe.  He  was  a  man 


Indians,  wampum,  and  by  the  Dutch,  fewant.  Six  beads 
w^cre  formerly  valued  at  a  fViver.  There  are  always  feveral 
poor  families  at  Albany,  who  fupport  themfelves  by  coin- 
ing this  cafh  for  the  traders, 


OF    N  E  W  -  Y  O  R  K. 


^of  a  getod  life,  but  flow  parts^  and  his  fuccefs  veiy  incoiifi- 
rderable.  The  reverend  mr.  Barclay  afierwards  refided 
among  the  Mohawlis  ;  but  no  iuirr.ble  proviiion  being  made 
for  an  interpreter,  he  was  obliged  to  break  up  the  nuflioii. 
If  the  Englilh  feciety  for  propagating  the  gospel,  that  trip- 
ly venera&e  body,  inftead  of  mainiaining  miiiionaries  in 
rich  chrillian  congregations  along  the  continent,  expended 
hnlf  tlie  amount  of  their  annual  contributions  ontheevan- 
gelifts  among  the  heathen,  beildes  the  nnfpeakable  reli- 
gions benefits  that  would,  it  is  to  be  hoped,  accirue  to  the 
natives,  fuch  a  proceeding  would  conduce  greatly  to  the 
fafery  of  our  colonies,  and  his  majefty's  fervice.  Much  has 
been  wrirten  upon  this  fubjecl:  in  America*  ;  and  why  no- 
thing  to  pui pole  has  yet  been  attempted  in  England,  to- 
wards fo  laudable  a  dcfign,  can  only  be  attributed  to  the 
amazing  falfehoo.ls  and  mifreprc  fen  rations,  by  which  fome 
of  the  miflionaries  have  long  impoled  upon  benevolent 
minds  in  Great  Britainf . 


*  Sec  mr.  Hobart*s  letters  to  the  cpifcopalians  in  New- 
England  :  the  account  of  the  Scotch  million  at  Stockbridg^  : 
Douglafs's  fummary,  &c. 

f  This  is  notorious  to  all  who  give  themfelves  the  trou- 
ble of  pcrufmg  the  abrtracfts  of  their  accounts  piibliflied  in 
England.  It  would  be  a  very  agreeable  office  to  me,  on  this 
occafion,  to  diftinguifli  the  innocent  from  the  guilty,  but 
that  fach  a  tafk  wo»'ld  infallibly  raife  up  a  hoft  of  enemies. 
Many  of  the  miflionaries  are  men  of  learning  and  exem- 
plary morals.  Thefe  in  America  are  known  and  honoured, 
and  cannot  be  pr  ejudiced  by  an  indifcriminate  cenfure. 
Their  joining  in  a  reprefentation  for  diftinguifliin  r;  the  de- 
linquents, who  are  a  dlfgrace  to  the  cloth,  will  ferve  as  a 
full  vindication  of  themfelves  to  the  focicty.  Mr.  Ogilvie  is, 
I  believe,  the  only  perfon  now  employed  by  that  charitable 
corporation  among  the  Indians,  and  the  gi  cateft  part  even 
of  his  charge  is  in  the  city  of  Albany.  All  the  Scotch  mif- 
/ionaries  are  among  the  heathen,  and  their  fuccefs  has  been 
fufhcient  to  encourage  any  future  attempts.  There  is  a  re- 
gular focicty  of  Indian  converts  in  New  Jerfey  ;  and  it  is 
worthy  of  remark,  that  not  one  of  them  has  apoftatizcd 
into  heathenifm.  Some  of  them  have  made  fuch  proficien- 
cies in  practical  religion,  as  ought  to  lhame  many  of  tts, 
who  boaft  the  illuininating  aids  of  our  native  chriftianity. 
>}ot  one  of  thefe  Indians  hiis  been  concerned  in  thofe  bar- 
barous irruptions,  which  have  lately  deluged  the  frontiers 


THE  HISTORY 


As  to  the  iiidory  of  the  five  nations,  before  their  acqnaU? 
tnnce  witii  the  ruuopeans,  it  is  wrapt  up  in  the  darkiiefs 
of  antiquity.  It  is  faid  tiiat  their  firit  refidence  was  in  tlie 
po uatry  aho  it  Montreal  ;  and  that  the  fupcrior  ilrength  of 
the  Adiroiidics,  whom  the  French  call  Al-^onquins,  drove 
t\ie:n  ijito  their  p-efent  po»Tjfu.):.s,  lying  on  the  foutli  fide 
of  the  Mohriwlci  river,  and  the  great  lake  Ontario*.  1  o- 
^rards  th:*  clulc  of  ihofc  difi^iucs,  which  continued  for  a 

of  the  fouth-wefcem  provinces,  wi  h  ihe  blood  of  feveral 
hnndied  limocents  of  every  age  and  fex.  At  the  com- 
jne  iceinentof  thele  rava:;cs,  ihey  (lew  into  the  Icttlenitnts, 
an  J  pjt  tliemlclves  under  the  proiec'tion  of  tlie  goveni- 
nent.  Tlirfe  huiiai.Kno  Coouer  became  cli.  iftians,  tlian  they 
openly  profelled  the);  loyalty  to  king  George  ;  and  there- 
fore to  contribute  to  their  conveifion,  was  as  truly  politic, 
as  nobly  chi  illian.  'I'hofc  colonies  w  liich  have  done  molt 
for  this  cha  liable  defign.  have  efcaped  beft  iVom  the  lite 
cliilreirin^;  calamities.  Of  all  the  inifiicnaries,  mr.  David 
Jiralnerd,  rvho ''ecovered  thefe  Indians  frrm  the  darknefs 
of  pai,nnif.n,  was  moft  fuccelsfid.  He  died  the  oth  of  Oc^ro- 
ber  1747.  a  vi-rtlni  to  hig  extreme  moi-tificarion  and  inextin- 
•▼•li'hable  zeal,  for  the  profperity  of  his  ni-iflion.  Thofe  wbo 
are  curious  to  enquire  particularly  inio  llie  cfFc6s  of  his 
indefatigable  indiidiy,  may  have  recourfe  to  his  jouiTial, 
p  ibllfheJ  7!:  Philadelphia,  by  the  American  correfpondcnts 
of  the  Scotch  focicty,  in  whofe  fervice  he  was  employed. 
Dr.  Coiiglafs,  eve;-  ready  to  do  honour  to  his  native  coun- 
try,  after  remarkins;  that  this  felf-denying  clerg\'man  rode 
about  /oo  miles,  in  the  year  174^,  with  an  air  of  rpproba-? 
tion,  aCvS,  Is  there  any  mifHonary,  fi  oni  any  of  the  foci- 
cries,  for  propagating  the  gofpcl  in  foreign  parts,  that  has 
reported  rhe  like  f" 

*  Charlevoix,  in  partip.lity  to  the  Frencli,  limits  thecounr 
t^*y  of  tlie  rive  ratio!!?,  on  rhe  north,  to  the  44th  degree  of 
I^.rirude  ;  according  to  which,  all  the  coimrry  on  the  north 
ii  ie  of  the  lake  Ontario,  and  the  mer  ifluing  thence  to 
?'!onrreal,  toiierher  with  a  confiderable  tracl  of  land  on  the 
foutii  ft.le  of  tliat  river,  belongs  to  rhe  French.  Hennepin, 
a  re  oUert  frinr,  hj»s  mo^e  regard  to  truth  than  the  jefuit ; 
for  he  tells  us  in  eTecl,  that  the  Iroquois  poflefled  the  lands 
on  the  nonli,  as  well  as  the  fouth  fide  of  the  lake,  and  men- 
tions feveral  of  their  villages  in  t6'^9,  viz.  Tejajalion, 
Keure,  r.nd  GauTieonfie.  "^he  map  in  his  book  agrees  with 
idle  text.  Charlevoix  is  at  variance  with  his  geographer  i  for 


OF   N  E  W  -  Y  O  R  K. 


57 


great  feries  of  years,  the  confederates  gained  advantages 
over  the  Adiror.dacs,  and  itruck  a  genci  al  tei  ror  into  all 
the  other  Indians.  Tlie  Hurons  on  the  north  ude  of  the  lake 
Lrie,  and  the  Cat  Indians  on  the  fouth  fide,  weie  totally 
conqriered  and  difperled.  The  rrcncn  rrho  fettled  Canada 
in  1.^03,  took  nnibragc  at  their  fucccfs,  and  be<^an  a  v.  ar 
•vv'ith  them,  which  had  well  nigh  ruined  the  new  coUniy.  In 
aiitiunn  1665,  m.  Convceiks,  the  governor,  lentg  out  a 
party  a£;ainit  the  Mohr^vks.  Throu^:h  ignorance  of  the 
countiy,  and  the  wan:  of  fhovi'-fncrs.  they  were  almoft  pe- 
riflied,  when  they  fell  in  with  Scncnctftady.  And  even  there 
the  Indians  would  have  lacrhiced  ihem  to  their  baibai*ous 
rage,  had  not  Corlcar,  a  Du<clr.nan,  inrerpofed  to  protedt 
them.  For  this  feafonable  ho'pitality,  the  Frencb  governor 
invited  him  to  Cana.la,  but  he  was  luifoi  runately  d.  owned 
in  his  palfige  through  the  lake  Chanipi:un.  It  is  in  honour 
of  this  man,  who  w:;3  a  favourice  of  the  Indians,  tliat  the 
governors  of  New  York,  in  all  their  treaties,  are  add  relied 
by  the  name  of  Corlear.  Twenty  light  companies  of  foot, 
and  the  whole  miliria  of  Canada,  marched  the  next  fpring 
into  the  country  of  the  Mohawks  :  but  their  facccfs  was 
vaftly  uneqaal  to  the  charge  and  labour  of  fiich  a  tedious 
inarch  of  700  miles  through  an  uncultivnied  defart ;  for  the 
Indians,  on  theli  approach,  retired  into  the  woods,  leaving 
behind  them  feme  old  fachems,  who  preferred  deaih  to 
life,  to  glut  the  fury  of  their  enemies.  The  emptinefs  bf 
this  parade  on  the  one  hand,  and  the  Indian  feaifulnefs  of 
fire  arms  on  the  other,  brought  about  a  peace  in  1667,  which 
continued  for  feveral  years  afrer.  In  this  interval,  both  the 
English  and  French  cultivated  a  trade  with  the  naiives,  very 
profitable  to  both  nations.  The  latter,  however,  were  molt 
politic  and  \'igorous,  and  filled  the  Indian  country  wifli 
their  miflionaries.  The  fieur  Perot,  the  very  year  in  which 
the  peace  was  concluded,  travelled  about  I2cc  miles  weft- 
ward,  making  proCelytes  of  the  Indians  every  whe.e  to  the 
French  intereft.  Courcelles  appears  to  have  been  a  man  of 
art  and  mdultry.  He  took  every  meafuie  in  his  power  for 
the  defence  of  Canada.  To  prevent  the  irruptions  of  the 
five  nations,  by  the  way  of  lake  Chaniplain,  he  built  feve- 
ral forts  in  i66^,  between  that  and  the  mouth  of  the  river 
Sorel.  In  1672,  juft:  before  his  reiuin  to  Fiance,  under  pre- 


mr.  Bellin,  befides  laying  down  tliefe  towns  in  the  map, 
contained  in  the  fifrh  volume,  writes  on  the  north  fide  of 
|!he  protradtion  of  lake  Ontario,  les  IroQticis  du  nord. 


-58 


THE  HISTORY 


tcnccof  ti'catlngwhh  the  Indians  marecommocUouny,  but  ui 
reality,  as  Charlevoix  expreHl  >  it,  lo  bridle  them,"  he  ob- 
tained their  leave  to  erect  a  fort  a:  Cadaraijui,  or  lake  Onta- 
rio,\vhlch  count  Froiitcnac,  his  lucccflb/,  complcied  the  tol- 
Jowin^  fp'  ing,  and  called  after  his  own  name*.  The  coa^- 
xnaiid  of  it  was  aftei-vvards  given  to  ni.  de  la  ^i.llc,  who,  in 
J^n^y  I'cbnilt  it  with  Itnue.  This  cnicrprifing  perlbn, 
the  fame  year,  launched  a  bark  of  ten  tons  into  the  lake 
Qjitario,  and  another  of  fixty  tons,  tlie  year  aficr,  into  lake 
Erie  ;  about  ^vhich  linie  he  enclofcd  wiih  pallifadocs,  a  lit- 
tle Q.^ot  at  Niagara. 

Tiiougii  the  duke  of  York  had  preferred  col.  Thonaas 
Dongan  to  the  ^rovcrnineut  of  this  province  on  tiie  ;oth  of 
September,  i6?2,  he  did  not  arri%c  here  till  the  27th  of 
AuguH-,  hi  the  following  year.  He  was  a  man  of  integrity, 
modciation,  and  genteel  manners,  and,  tl.ough  a  profeflcd 
papilr,  may  be  clali'*d  amonj;  ihe  bell  of  our  govtniors. 

The  people,  wlio  had  been  formerly  rultd  .*.t  the  will  of 
the  duke's  dcpaiics,  began  their  fiHt  participation  in  the 
legillative  power  under  m,:.  Dongan  ;  for  fhorily  after  his 
firrival,  he  iflacd  orders  to  the  fiieriffs,  to  fummoji  the  free- 
holders for  choofr.ig  reprefcnratlvcs,  to  meet  him  in  aiicjn- 
biy  on  the  I7ih  of  October,  16S:.  Nothing  could  be  more 
agrceaiilc  to  the  people,  who,  whether  Dutch  ^r  Knglifh. 
v  crc  born  the  fubje^fts  of  a  free  Ibate  ;  nor.  Indeed,  w  as  the 
change  of  lels  advantage  10  the  di-ke,  tliau  to  tlie  inliabi. 
tants.  For  fuch  a  general  difo^uft  had  prevailed,  and  in  par- 
ticular in  l-or«g  Illand,  agaiij^  the  old  form  which  col.  Ni- 
colls  had  introduced,  as  threatened  tiie  total  fubve/fion  of 
the  public  tninquilllty.  Col.  Dongan  faw  tlie  difaffection  of 
the  people  at  the  eaft  end  of  the  ijQand,  for  he  landed  there 
or  his  fu  il  arrival  in  the  country  ;  and  to  extinguiHi  the 
fire  of  difcontent,  then  impatient  to  burft  out,  gave  them 
his  promifejthat  no  laws  or  rate;  for  the  future  fliould  be 
impofed,  but  by  a  general  aflembly.  Doubtlcfs,  this  altera- 
tion w^as  agreeable  to  the  duke's  orders,  who  had  been 
ftrongly  importuned  for  itf ,  as  well  as  acceptable  to  the 


*  In  May  1 721,  it  was  a  fcuare,  with  four  baftions,  built 
C>f  ftone,  being  a  quarter  of  a  French  league  in  circumfe- 
rence ;  before  it,  are  many  fmall  iflands,  and  a  good  har- 
"bour,  and  behind  it  a  morafs.  Charlevoix.  . 

J  The  petition  to  his  royal  higiinefs  was  drawn  by  the 
council,  the  aldermei;  of  New  York,  and  the  juftic  es  of  the 
j)C3.ce  at  the  court  of  affize,  the  39th  of  June,  1681.  I  have 


O  F   N  E  W- Y  O  B-^C. 


people  ;  for  they  fent  him,  foon  after,  an  addreft,  expreP 
ling  the  higheft  I'enfe  of  gratitude,  for  fo  beneftcial  a  chan^ 
in  the  govemment.  It  would  have  been  impoflible  for  hiin 
much  longer  to  have  maintained  the  old  model  over  free 
fubjeCts,  who  had  juft  before  formed  themfelv^s  into  a  co- 
lony for  the  enjoyment  of  their  liberties,  and  had  even  al- 
ready folicited  the  proteiiliion  of  the  colony  of  Coniieifticut, 
from  whence  the  greatcit  part  of  them  came.  Di/putes,  re* 
lating  to  the  limits  of  certain  townfhips  at  the  eaii  end  of 
Long  Ifland,  fowed  the  feeds  of  enmity  againlt  Dongan,  fo 
deeply  in  the  hearts  of  nrany  Vv^ho  were  concerned  in  vhcm, 
that  their  reprefentation  to  Connecticut,  at  the  revolution, 
contains  the  bitterelt  invectives  againit  him. 

Dongan  fmiTalled  all  liis  predecellbrs,  in  a  due  attention 
to  our  affairs  with  ihe  Indians,  by  whom  he  was  highly 
elteemed.  It  mull  be  remembered  to  his  honour,  that 
though  he  was  ordered  by  the  duke,  to  encourage  thb 
-French  priefts,  who  were  come  to  refide  among  the  natives, 
under  pretence  of  advancijig  the  popifli  caufe,  biu  in  reality 
~to  gain  them  over  to  the  Fiench  inierelt  ;  yet  he  forbid  tiie 
five  nations  to  entertain  them.  The  jefuits,  however,  had 
no  fmall  fuccefs.  Their  profelytcs  are  called  praying  Indi- 
ans, qr  Caghnuagaes,  and  refide  now  in  Canada,  at  the  faU 
of  St.  Lewis,  oppofite  to  Montreal.  This  village  was  beguii 
in  1671,  and  confifts  of  fiich  of  the  five  nations,  as  have 
foiTuerly  been  drawn  away  by  the  intngues  of  the  Freiidi 
priefts,  in  the  times  of  Lovelace  and  Androii,  who  feem  to 
have  paid  no  attention  to  our  Indian  afrairs*.  It  was  owing^ 
to  the  inftigation  alfb  of  thefe  priefts,  that  the  five  nations 
about  this  time,  committed  hoftilities  on  the  back  parts  of 
Maryland  an^i  Virgiraa,  which  occafioned  a  grand  conven- 
tion at  Albany,  in  the  year  1684.  Lord  Howard  of  Effing- 
ham, the  governor  of  Virginia,  was  prefent,  and  made  a 
covenant  with  them  for  preventing  further  depredations, 
towards  the  accomplilliment  of  Avhich,  col.  Dongan  was  ve- 


feen  a  copy  in  the  hands  of  Lewis  Morris,  efi[.  It  contains 
many  fevere  reflexions  upqn  the  tyranny  of  fir  Edmond 
Androfs. 

*  Of  late,  fome  others  of  the  confederates  have  been  al- 
hired  to  fettle  at  Ofwegatchi,  called  by  the  French,  la  Gal- 
lette,  near  50  miles  below  Frontenac.  General  Sltii4ey's 
emiflanss  from  Ofvvego,  in  1755?  prevailed  with  fcverai  t)f 
thefe  families  to  return  to  theh  old  habitadons. 


t4  T  H  E    II  I  S  T  O  K  Y  . 

r\  Iiirtmmcntalj-.  DoAor  Coldcn  has  publifhcd  this  treaty 
^  large  :  but  as  it  has  no  immediate  connexion  v.  ith  the 
alFairs  of  this  province,  I  beg  leave  to  refer  the  reader  for 
a  full  account  of  it,  to  his  hiltory  of  die  five  nations. 

Wiiile  lo'd  Howard  was  at  Alba:iy,  a  meficnger  from  dc 
la  Barre,  then  governor  of  Canada, arrived  there,  complain- 
ing of  the  Seneca  Indians,  for  interrupting  the  Kre:ich  i: 
tlielr  rravle  with  the  ino.e  diltant  Indians,  commonly  in- 
cluded among  lis  by  the  general  name  of  the  far  nations;. 
Colonel  Dongan,  to  whom  the  mellage  was  ienr,  commnui- 
cs'ed  it  to  the  Scnecas,  who  admittcil  the  charge,  but  jultl- 
fed  their  conducft,  alleging,  that  the  French  fupplicil  a;  ::is 
&nd  aininunidon  to  tlie  Tw  ightwies*,  wiih  whom  they 
V.cethen  at  war.  De  la  Barre,  at  the  fame  time,  medit:;- 
ting  nothinir  lefs  than  the  total  dellruction  of  the  fiven  i- 
tions,  proceeded  withanar  y  of  1700  men  to  the  lake 
Onra-^io.  Mighiy  preparations  were  made  to  obtahi  tlie  dc 
fired  fisccefs  :  frcfh  troops  were  import^'d  f/om  France,  arid 
a  letter  p  ocured  from  the  diike  of  York  to  coL  Dongan, 
comma-vJing  him  to  lay  no  obltacles  in  the  way.  The  ofh- 
tc-rs  polled  in  t'lic  our  forts,  even  as  far  as  Meliilimakinar, 
vere  ordered  to  ren  ••zvous  at  Niaga  a,  with  all  the  wef- 
tern  Indians  they  co'dd  engage.  Dt)ngan,  legaid'efs  of  the 
duke's  orders,  app*^iied  the  Indians  of  the  French  defigns, 
^nd  promifed  to  afliii:  them.  After  fix  weeks  delay  at  fo:-t 
Fronten:ic,  dn-  ing  wliich  rime  a  great  ficknefs,  occafioned 
by  bad  provif  ons,  broke  out  in  the  French  army,  de  la 
Barre  found  ir  neceflary  to  conclude  the  c?mpaign  ^i:h  a 
treaty,  for  which  purpofe  he  crofled  the  lake,  and  came  to 
the  place,  which,  from  the  diftrels  of  his  army,  was  called 
1?  Famine,  Dongan  fent  an  intei-preter  among  the  Indians, 
ty  all  means  to  prevent  them  from  attending  the  tieary-. 
The  Mohawks  and  Senecas  accordingly  refufed  to  meet  de 
la  Barre  :  but  the  Oneydoes,  Onondagas,  and  Cayugas, 
in^.aenced  by  the  niilfionaries,  were  unwilling  to  hear  the 
inre-p-e^er,  except  before  the  pricfls,  one  la  Main,  and 
three  o^her  Frenchmen,  and  afterwards  waited  upon  the 


■[  Tills  covenant  was  ratified  in  16S5,  and  at  feveral  times 
iince. 

i  By  ihe  far  na':ioiis  are  meant,  all  thofe  numcous  tribes 
inhabiring  the  conntiies  cn  both  fides  of  the  lakes  Huron 
and  Erie,  weilward  as  far  as  the  MifffTippi,  and  the  fcuth- 
em  corntiy  along  the  banks  of  the  Ohio,  and  its  branches. 

*  By  the  French  called  Miamies. 


OF    NEW  YORK, 


6r 


j^rencH  governor.  Two  days  after  their  arrival  in  the  camp, 
monfieur  de  la  Barre  addrtliing  hinifelf  to  Garrangnla,  an 
Onondaga  chifef,  made  the  followhis!,  fpeech,  the  Indians 
and  French  officers  at  the  lame  time  tbi  ming  a  circle  loimd 
about  him. 

"  The  kinw,  my  mafter,  being  informed,  that  the  five  na- 
tions have  ot'ceh  infringed  the  peace,  has  ordered  me  to 
come  hither  with  a  guard,  and  to  fend  Ohguefle  to  the 
Onondagas,  to  bring  the  chief  fachems  to  my  camp.  Tiie 
intention  of  the  grfeat  king  is^  that  you  and  I  may  fmoke 
the  calumet  of  peace  together  ;  but  on  this  condition,  that 
you  promife  me,  in  the  name  of  the  Senecas,  Cayugas, 
Onondagas,  and  Mohawks,  to  give  entire  farisfaftion  and 
reparation  to  his  fubjects,  and  for  the  future,  never  to  mo- 
lelt  them. 

The  Senecas,  Cayugas,  Onondagas,  Oneydoes,  and 
•Mohawks,  have  robbed  and  abufed  all  tue  traders  that  were 
pafling  to  the  Illinois  and  Miamies,  and  other  Indian  nati- 
ons, the  children  of  my  king.  They  have  adted,  on  thefe 
occafions,  contrary  to  the  treaty  of  peace  with  my  predc- 
ceflbr.  1  am  ordered,  therefore,  to  demand  fatisfac^tion,  and 
to  tell  them,  that  in  cafe  of  refufal,  or  their  plundering  us 
any  more,  1  have  exprefs  orders  to  declare  war.  This  belt 
confirms  my  words.  The  warriors  of  the  five  narions  have 
condud:ed  the  Englifh  into  the  lakes,  which  belong  to  the 
Itlng,  my  mailer,  and  brought  the  Englifh  among  the  nati- 
ons that  are  his  children,  to  dcilroy  the  trade  of  his  fiib- 
jects,  and  to  withdraw  thefe  nations  f  omhim.  They  have 
carried  the  Englifli  thither,  notv*ithftanding  the  prohibi- 
tion of  the  late  governor  of  New  York,  who  forefaw  the 
rifque  that  both  they  and  you  would  run.  I  am  willing  to 
forget  thofe  things,  but  if  ever  the  like  fhall  happen  for  the 
future,  I  have  exprefs  orders  to  declare  war  againfV  you. 
This  belt  confirms  my  words.  Your  warriors  have  made  fe- 
.-veral  barliarous  incurfions  on  the  Illinois  and  Umameis  ; 
they  have  madacred  men,  women,  and  children,  and  have 
made  many  of  thefe  nations  prifoners,  who  thought  them- 
ieivc3  fafe  in  their  villages  in  time  of  peace  :  thefe  people, 
who  are  my  king's  children,  mull  not  be  your  Have?  ;  yoa 
mutt  give  them  their  liberty,  and  fend  them  back  into  their 
,  own  couniry.  If  the  five  nations  fhall  refiife  to  do  tliis,  I 
-have  exprels  orders  to  declare  war  againft  them.  This  belt 
confirms  my  words. 

This  is  w^hat  I  have  to  ^ay  to  Garrangnla,  that  he  may 
,  carry  to  the  Senect-.s,  Onondagas,  C  ncydocs,  Cayugas,  and 
JkiohaTvks,  the  declaration  vrhich  the  kin^,  mv  raalter,  has 

I 


€2 


THE  HISTORY 


coinmamlcLl  mc  to  make.  He  doth  not  Avifli  them  to  forte 
liim  to  (end  a  gre.it  army  to  Catlarackui  fort,  to  begin  a 
■war,  which  mult  l)c  fatal  to  them.  He  wouhl  be  (brry  that 
this  fort,  that  \yas  the  work  of"  peace,  Ihoidd  become  the 
prifon  of  your  warriors.  We  mult  endeavour,  on  boih  lide», 
to  pi  event  fuch  niisfortuues.  '1  he  French,  who  a.  e  ihc 
breih»*cn    and  friends  of   tlic   five  naticiJis,  will  never 
trv)ublc  their  rcpofc,  provided  that  the  fatisfaction  which  I 
deman  .l,  be  given,  and  that  the  treaties  of  peace  be  hei  e- 
after  oblcrvcd.  I  fhrUl  be  extremely  grieved,  if  my  words 
do  not  j)ro-lacc'  the  effect,  which  1  expect  from  them  ;  for 
tlien  1  lhall  be  obliged  to  join  with  tiic  governor  of  New- 
York,  who  is  commanded  by  hi  >  maiter,  to  aliift  me,  and 
bum  the  caiUes  of  the  five  nations,  and  dellroy  you.  This 
belt  con'h  nis  my  wonls." 

(Jarrangula  heard  ihcfe  threats  ^^  iih  contempt ;  becau(e 
he  had  icaniL  the  diiirefle  l  Itate  of  the  French  army,  and 
ka^nv  that  tiicy  were  incapable  of  executing  the  defigns 
with  whiwh  they  let  ont  :  and  tlierefore,  after  walking  five 
or  fix  times  round  the  circle,  he  anfwered  the  French  go- 
yerno  •,  who  fat  in  an  clbjw  ciiair,  in  the  followhig  ftraui  : 

^'  YONNONDIO, 

^'  I  honour  you,  and  the  warriors  that  are  with  me  like- 
wise honour  you.  Your  interpreter  has  finifhedyonr  fpcech  ; 
I  now  b:  >in  muie.  My  words  make  halke  to  leach  your 
cars  ;  hearken  to  the:n. 

Yonnondio,  you  muft  have  believed,  when  you  left 
Q^^'.ebec,  that  the  I'un  had  burnt  up  all  the  forefts,  which 
render  our  country  i:r.)cceHlble  to  the  French,  or  that  the 
lakes  had  fo  far  overflown  the  banks,  tliatthey  had  furround- 
ed  our  calUes,  antl  ibat  it  was  impolhble  for  us  to  get  out 
of  them.  Yes,  YonnonJia,  furely  you  mult  have  dreamt  fo  ; 
and  the  curiofiiy  of  feeing  fo  great  a  wonder,  has  brought 
you  fo  far.  Now  you  are  undeceived,  fince  that  I  and  the 
warriors  here  p:cfeiit,  are  come  to  afl'are  you,  that  the 
Senecas,  Cayngas,  Onondagas,  Oneydoes,  and  Mohawks, 
are  yet  alive.  I  thank  you,  hi  their  name,  for  bringing  back 
into  their  country  the  calumet,  which  your  predecefibr  re- 
ceived from  their  hands.  It  was  happy  for  you,  that  you 
left  under  ground  that  m'lrdering  hatchet,  that  has  been  fo 
often  died  in  the  blood  of  tlie  French.  Hear,  Yonnondio,  I 
do  not  lleep ;  I  have  my  eyes  open  ;  and  the  fun,  which 
enlightens  mc,  difcovers  to  me  a  great  captain  at  the  head 
of  a  company  of  foldiers,  who  fpeaks  as  if  he  were  dream- 
ing. He  fays,  that  he  only  came  to  the  lake  to  fmoke  on 
the  great  calumet  with  the  Ouondagas.  But  Gairangiilst 


OF   N  E  W  -  Y  O  R  K. 


6S 


fkys,  that  he  fees  the  contrary,  that  it  was  to  knock  them 
on  the  head,  if  ficknels  had  not  \a  takened  the  anr.s  oi  ike 
French. 

"  I  fee  Yonnondio  raving  in  a  camp  of  fick  men,  whofe 
lives  the  gi-eat  fpirit  has  faved,  by  inhicling  this  ficknefs  on 
them.  Hear,  Yonnondio,  our  women  had  taken  their  clubs, 
our  children  and  old  men  had  carried  their  bows  and  ar- 
rows into  the  heart  of  your  camp,  if  car  warriors  had  not 
difarmed  them,  and  kept  them  back,  when  your  meucnger, 
Ohgueifc,  came  to  our  cafties.  It  is  done,  and  I  have  faid  it. 
Hear,  Yonnondio,  we  plundered  none  of  the  Trench,  but 
thofe  that  carried  guns,  powder,  and  ball  to  the  Twight- 
wies  and  Chid:aghics,  becaufe  thofe  arms  might  have  cell 
us  our  lives.  Herein  we  follow  the  example  of  the  jcfuits, 
who  ftave  all  the  kegs  of  rum  brought  to  our  cailles,  left  the 
drunken  Indians  (hould  knock  them  on  the  head.  Our  war- 
riors have  not  bever  enough  to  pay  for  all  thefe  arms,  that 
they  have  taken,  and  our  old  men  are  not  afraid  of  the  war. 
This  belt  preferves  my  words. 

^'  We  canned  the  Englifli  into  our  lakes,  to  trade  there 
with  the  Utawawas  and  (>>iatoghie3,  as  the  Adirondack* 
brought  the  French  to  our  cafties,  to  caiTy  on  a  trade,  which 
the  Englifli  fay  is  theirs.  We  are  born  fiee  ;  we  neither  de- 
pend on  Yonnondio  or  Corlear. 

"  We  may  go  where  we  plcafe,  and  carry  with  us  wliom 
we  pleafe,and  buy  and  fell  what  we  pleafe  :  if  your  allies  be 
your  flavcs,  ufe  them  as  fuch  ;  command  them  to  receive  no 
other  but  your  people.  This  belt  preferves  my  words. 

We  knocked  the  Twightwies  and  Chi(ftaghics  on  the 
head,  becaufe  they  had  cut  down  the  trees  of  peace,  which 
were  the  limits  of  our  conntry.  They  have  hunted  tevers 
on  our  lands  :  they  have  acfted  contrary  to  the  cuftcms  of 
all  Indians  ;  for  they  left  none  of  the  bevers  alive,  they  kil- 
led both  male  and  female.  They  brought  the  Satanas*  into 
the  country,  to  take  part  with  them,  af.er  thry  had  con- 
certed ill  defigns  againft  us.  We  have  done  lefs  than  either 
the  Englilh  or  French,  that  have  ufurped  the  lands  of  fo 
many  Indian  nations,  and  chafed  them  from  their  own  coun- 
try. This  belt  preferves  my  words. 

*^  Hear,  Yonnondio  ;  what  I  fay,  is  the  voice  of  all  the 
five  nations  ;  hear  what  they  anfwer  ;  open  your  ears  to 
what  they  fpeak.  The  Senecas,  Cayugas,  Onondagas, 
Oneydoes,  and  Mohawks  lay,  that  when  they  buried  the 


By  the  French  called  Sauounons. 


64 


THE  HISTORY 


hardiet  at  Catlarackni  (in  ibe  prcfcncc  of  your  prcdeccnor) 
ill  the  middle  of"  the  tort  ;  they  planted  he  tree  of  peace 
in  the  lame  place,  to  bo  ihcrc  caiefiiUy  prcfcrved,  that,  in 
place  of  a  retrear  for  foldiei  s,  rliat  fort  nii^ht  be  a  rendez- 
vous for  merchants  :  that  in  place  of  arms  and  anununition 
^f  war,  bevers  and  merchandifc  fhould  only  enter  there. 

Hear,  Yonnondio,  take  care  for  the  future,  that  fo  great 
a  number  of  foldie:  a  as  appear  there  do  not  clioke  the  tree 
pf  i>cace  plaiucJ  in  fo  fmnll  a  foil.  It  will  be  a  r'C'^f  loft, 
jf,  afier  it  had  fo  ealily  taken  root,  you  ihould.  Hop  its 
g-owth,  and  prevent  i  s  covei  ing  your  country  and  ours 
vich  lis  branches.  I  afi'arc  you,  in  the  name  of  the  five  na- 
tions, that  our  warriors  fhall  dance  to  the  calumet  of  ]>eact 
pn  lcr  iis  leaves,  and  fhall  remain  quiet  on  their  mars,  and 
/hall  never  diir  up  ihe  hatchet,  till  their  brother  Yonnondio 
or  C  oricar  Ihall  either  jointly  or  leparately  endeavour  to 
attack  the  country,  which  the  great  Ijnrit  has  giveji  to  our 
^nccitors.  .ThiS  belt  preferves  my  words,  and  this  other,  the 
^atUority  which  the  five  naiiojis  have  given  me.*' 

Then  Garran<njla^  addrelling  himielf  to  monfieur  la 
Wair.,  faid,  i  ake  courage,  Ohgucfle,  you  have  fpirit, 
fpeak,  explain  my  words,  forget  nothing,  tell  all  that  your 
b.ethrcn  and  friends  fay  to  Yonnondio,  your  governor,  hj 
the  month  of  Garrangida,  who  loves  you,  and  delires  you 
to  accept  of  this  prefent  of  bever,  and  take  part  with  me  iix 
my  fealt,  to  which  1  invite  you.  This  prefent  of  bever  is 
lent  to  Yonnondio,  on  the  part  of  the  five  nations." 

Enraged  at  this  bold  reply,  de  la  Barre,  as  foon  as  the 
peace  was  concluded,  retired  to  Montreal,  and  inglonoufly 
iini'hcd  an  cxpcjifive  campaign,  as  dr.  Colden  oblerves,  in  a 
icold  wich  an  old  Indian. 

De  la  Barre  was  fucceeded  by  the  marquis  de  Nonville, 
colonel  of  the  dragoons,  who  arrived  w  ith  a  reinforcement 
of  troops  in  t6S^.  The  marquis  was  a  man  of  courage  and 
an  enrcrprifmg  fpirit,  and  nor  a  little  animated  by  the  con- 
lide^ation,  that  he  w^as  fent  over  to  repair  the  difgrace, 
which  las  predecellbr  had  brought  upon  the  French  colony, 
Tlie  year  after  Iiis  arrival  at  Q^iiebec,  he  wrote  a  letter  to 
tlie  minifter  in  Finance,  recommending  the  fcheme  of  erecl:- 
ing  a  ^irone  fort,  fufHcient  to  contain  four  or  five  hundred 
men,  at  Niagara,  not  only  to  exclude  the  Englijfh  from  the 
lakes,  but  to  command  the  fur  trade  and  fubduc  the  five  na- 
tions. Dongan,  who  was  jealous  of  his  defigns,  took  um- 
bran;e  at  the  extraordinary  fupplies  fent  to  fort  Frontenac, 
and  wrote  to  the  French  governors,  figi^ifying,  that  if  he  at-. 
Uicked  the  confederates^  he  'would  confider  it,  as  a  brcicJ\ 


O  F    N  E  W^Y  O  R  K, 


•f  the  peace  fubnftirsg  bet^veen  the  two  crowns  ;  and  to 
prevent  his  building  a  fort  at  Isiagara,  he  proteitcd  againit 
it,  and  claimed  the  country  as  dependent  upon  the  province. 
De  Nonville,  in  his  anlwer,  denied  that  he  intended  to  in- 
vade the  Five  Nations,  tho'  the  neceliary  preparations  for 
that  purpofe  were  then  carrying  on  ;  and  yet  Charlevoix 
commends  him  for  his  piety  and  uprightnefs,  egaiemcnt 
ejl  'tmahU  (fays  the  jeluit)  pour  fu  val.ur,  fu  drottwe,  <y  fa, 
piste.''  Colonel  Dongan,  who  knew  the  importanjze  of  our 
Indian  alliance,  place^l  no  confidence  in  the  declarations  of 
the  marquis,  but  exerted  hinilelf  in  preparing  the  confede- 
rates for  a  war;  and  the  French  author,  jult  mentioned, 
does  him  honour,  while  he  complains  of  him  as  a  perpetual 
obftacle,  in  the  way  of  the  execution  of  their  fchemes.  Our 
tallies  were  now  triumphing  in  their  fucceis  over  the  Chic- 
taghics,  and  meditating  a  war  with  theTwightwies,  who  had 
diihurbed  them  in  their  bever-hunting.  De  Nonviile,to  pre- 
vent ihe  inteniiprion  of  the  French  trade  with  the  Twight- 
wies,  determined  to  divert  the  Five  ?»Iations,  and  carry  the 
war  into  their  counu*y.  To  that  end,  in  1687,  he  colieticcd 
3000  troops  and  600  Indians  at  Montreal,  and  illiied  orders 
to  all  the  officers  in  the  more  wefterly  country,  to  meet  hhn 
with  additional  iuccours  atNiagara,cn  an  expedition  agai nil 
tlie  ibenecas.  An  Engliih  party,  under  one  M'Gregory,  at 
the  fame  time  was  gone  out  to  trade  on  the  lakes,  bat  the 
French,  notwithftanding  the  peace  then  fublifting  between 
the  two  crowns,  intercepted  them,  feized  their  eOei^s,  and 
imprifoned  their  pe^'fons.  Monfieur  Fouri,  commandant  a- 
moug  the  Chietaghics,  who  was  condng  to  the  general  s  ren- 
dezvous at  Niaga.  a,  did  the  like  to  another  Englifli  party, 
vhich  he  met  with  in  lake  Erie.*  The  Five  Nations,  in  the 
mean  time, were  prepaiing  to  give  theFrench  armyafuitable 
reception,  Monficur  Companie,  with  two  or  three  hundred 
-Canadians,  in  an  advanced  party,  furprifcd  two  villao;es 
the  confederates,  who,  at  the  invitation  and  on  the  faiih  qf 
the  French,  feated  themlelves  downalout  eiphi  leagues  from 
lake  Fadaii-ackui,  or  Ontario.  To  prevent  their  efcape  witii 
intelligence  to  their  countrymen,  they  were  carried  to  the 
fort,  and  all  but  thirteen  died  in  torments  at  the  ftakc,  fog" 
ing  with  an  heroic  fpirit,  in  their  expiring  moments,  the 
perfidy  of  the  French.  The  I'eft,  according  to  the  cxpreis 


*  Botli  thefe  attacks  were  open  infractions  of  the  treaty 
at  Whitehall,  executed  in  Nov.  i6g6  ;  by  which  it  was  a- 
greed,  that  the  Indian  ti  ade  in  America,  fao^uld  be  free 
ihe  Engliih  and  French. 


THE    11  I  S  T  O  H  Y 


orders  of  the  French  king,  w  ere  Tent  to  il»e  galleys  in  Eu- 
rope. The  marquis,  haviiifr  embarked  his  \vliolt  army  in 
canoes,  fet  out  from  the  lort  at  Caddrackui,  on  the  2:d 
of  June,  one  half  of  them  pafling  along  the  noith,  and  the 
other  oi)  the  fouth  fide  of  ihe  lake  ;  and  bo  h  arrived  the 
fame  day  at  Tyroiidequait,  and  fiiortly  after  fet  out  on  their 
march  towanls  the  chief  village  of  the  benecas,  at  about 
feven  leagues  diftancc.  The  main  body  was  compofed  of  the 
regulars  and  militia,  the  f.ont  and  rear  of  the  Indians  and 
traders.  TJie  fcoucs  advanced  the  fccond  day  of  their  march, 
as  far  xs  the  com  of  the  village,  and  within  piltol-fliot  of 
50oSenecas,  who  l.\y  upon  their  bellies  uudifcovcred.  The 
French,  who  im.igined  the  enemy  were  all  fled,  quickened 
their  march  to  overtake  the  women  and  old  i.icn.  Hut  no 
fooner  had  tiiey  reached  the  foot  of  ahili,  nbout  a  mile  from 
the  villatre,  than  the  Senecas  railed  th«?  war  fliout,  and  m 
the  fame  luHant  charged  up  ni  the  nvIk.!"'  army  both  in  the 
front  and  rear.  Univrlal  confufion  enfued.  The  battalions 
divided,  fired  upon  each  o  .her,  and  flew  into  the  wood.  1  he 
Seneca*  improved  the  diforder  of  the  enemy,  till  they  \n  ere 
repulfed  by  the  French  Indians.  According  to  Charlevoix's 
account,  which  may  be  juflly  fufpecicd,  the  enemy  lofl^  but 
fix  men,  and  had  twenty  w  oundcd  in  the  conflicc.  Of  the 
Senecas,  he  fays,  fix'y  were  wounded  and  forty  five  llain. 
The  marquis  was  fo  much  difpi  ited,  tliat  he  could  not  be 
perfuaded  to  purfue  the  enemy  that  day  ;  which  gave  the 
Senecas  an  opportunity  to  bum  their  village,  ana  get  off. 
Two  old  men  re'.nained  in  the  caftle  to  receive  the  general, 
and  regale  :he  barbarity  of  his  Indian  allies.  After  deltroying 
the  com  in  this  and  feve^-al  other  villages,  the  army  retired 
to  the  banks  of  the  lake,  and  erected  a  fort  with  four  baf- 
tiriis,  on  the  fouth- eall  fide  of  the  fVrcights  at  Niagara,  in 
which  they  left  too  men,  under  the  command  of  Le  Cheva- 
lier de  la  Trove,  with  eight  months  provifions  ;  but  thefc 
being  clofely  blocked  up,  all,  except  feven  or  eight  of  them, 
who  were  accidentally  relieved, pei  iflied  thro'  famine*.  Soon 
3ifter  this  expedition,  colonel  Dongan  met  the  Five  Nations 


*  Nothing  can  be  more  pei-fidious  and  luijuft,  than  this 
attack  upon  our  confederates.  The  two  crov/r.s  had  but  juft 
concluded  a  treaty  for  the  prefervation  of  the  peace  :  La 
Hontan,  one  of  the  French  hiftorians,  cenfures  De  Nonville's 
conduct,  and  admits  the  Britifli  title  to  the  command  of  the 
lakes,  but  Charlevoix  blames  hirxi,  as  he  does  Helmepin,  De 
L'Ifle  and  every  other  author,  w^ho  confefles  the  truth,  to 
file  prejudice  of  the  ambitious  claims  of  the  court  of  Franqe. 


at  Albany.  To  what  intent,  appears  from  the  fpcech  he 
made  to  them  on  the  5th  of  Angiift,  which  I  choofe  to  lay 
before  the  reader,  to  Ihow  his  vigilance  and  zeal  for  the  in- 
tereft  of  his  mailer,  and  the  common  weal  of  the  province 
committed  to  his  care. 
Brethren, 

am  very  glad  to  fee  you  here  in  this  heufe,  and 
am  heartily  glaa  that  you  have  fuftained  no  greater  lofs  by 
the  French,  though  I  believe  it  was  their  intention  to  de- 
ftroy  you  all,  if  they  could  have  furprifed  you  in  your 
callles. 

As  foon  as  I  heard  their  defign  to  war  with  you,  I  gave 
yoQ  notice,  and  came  up  hither  myfelf,  that  1  might  b* 
ready  to  give  all  the  afiiftancc  aaad  advice,  that  fo  Ihort  a 
time  would  allow  me. 

<^  I  am  now  about  fending  a  gentleman  to  England,  t6 
the  king,  my  mafter,  10  lee  liim  know,  that  the  French 
have  invaded  his  territories  orn  this  fide  of  the  great  lake, 
and  warred  upon  the  brethren  his  fubjects.  1  therefore 
would  willingly  know,  whether  the  brethren  have  given 
the  governor  of  Canada  any  provocation  or  not ;  and  if 
they  have,  how,  and  in  what  manner  ;  becaufe  1  am  obliged 
to  give  a  true  account  of  this  matter.  This  b^fmefs  may 
caufe  a  war  between  the  king  of  England  and  the  French 
king,  both  in  Europe  and  here,  and  therefore  I  muft  know 
the  truth. 

"  I  know  the  governor  of  Canada  dare  not  enter  into 
the  king  of  Englanu's  territories,  in  a  hoftile  manner, 
w  ithout  provocation,  if  he  thought  the  brethren  wero  the 
king  of  England's  liibjetts ;  but  you  have,  two  or  three 
years  ago,  made  a  covenant- chain  with  the  French,  con- 
trary to  my  command  (which  I  knew  could  not  hold  long) 
being  void  of  ilfelf  among  the  chriftians;  foi-afmuch  as 
llibje(fts  (as  you  are)  ought  not  to  ti'eat  with  any  foreign 
nation,  it  not  lying  in  your  power.  You  liave  brought  this 
trouble  upon  yourfelves  ;  and,  as  I  believe,  this  is  the  only 
reafon  of  their  falling  on  you  at  this  time. 

Brethren,  I  took  it  very  ill,  that  after  you  had  put 
yourfelves  into  the  number  of  the  great  king  of  England's 
fubjefta.you  fhould  ever  offer  to  make  peace  orwar,witiiout 
my  coiafent.  You  know  that  we  can  live  without  you  ;  but 
you  cannot  live  without  us  ;  you  never  found  that  1  told  you 
R  lie,  and  I  offered  yon  the  aliillance  you  wanted,  provided 
that  you  would  be  advifed  by  me  i  for  I  know  the  French 
better  than  any  of  you  do. 

No^v  fince  there  is  a  war  begun  upon  you  by  the  gover- 
M#r  •f  Canada  ;  i  hope  without  any  provocation  by  you 


'^'h  E  *  H  I  S  t  o  r  y 


given,  1  dcflrc  and  command  you,  tliat  you  liearkcn  to  nm 
treaty  but  by  my  advice  ;  wliicli  if  you  follow,  you  Audi  havfc 
the  benelit  of  ihc  great  cliain  off.  icudllup  between  the  great 
king  of  Kngland,  and  the  king  of  France,  AVhich  came  out 
of  Kiigl:r.ul  the  oilier  day,  and  which  I  have  Jcnt  lo  Canada 
by  Anthony  l<f  Junaid  ;  in  the  mean  time,  I  will  give  you 
furh  advice  as  will  be  for  your  good  ;  and  will  fupply  yo\i 
"^ith  fucli  necellaries  as  you  will  have  need  of. 

"  Tit,  My  advice  is,  as  to  what  prifoncrs  of  tlie  French 
you'fhall  take,  that  you  drnw  not  their  blood,  but  bring 
them  home,  and  keep  thcni  to  exchange  ibr  your  people, 
which  they  have  prifoners  already,  or  may  take  hereafter. 

2<lly,  That  if  it  be  poflible,  that  you  can  order  it  lo,  I 
Woidd  have  you  lake  one  or  two  of  your  wifeil;  fachems, 
and  one  or  two  of  your  chief  captains,  of  each  nation,  to  be 
a  council  to  maiiage  all  aflairs  of  tiie  war.  They,  to  give  or- 
ders to  tiie  relt  of  the  officers  what  they  are  to  do,  that  your 
defigns  may  be  kept  private  ;  for  after  it  comes  amoni»  i'o 
many  people,  it  is  blazed  abroad,  and  yonr dcfignsare  often 
fi  ullrated  ;  an«l  thofe  chief  men  Ihould  keep  a  corrclpon- 
dence  witii  me  by  a  trulty  meflenger. 

"  idly,  The  great  matter  tnuler  confideration  with  the 
bretlircn  is, how  to  ftrengihcn  them felves,  and  vireaken  their 
enemy.  My  opinion  is,  that  ilie  brethren  ihould  fend  melleu- 
gersto  the  Utawawas,  Twightwies,  and  the  farther  Indians, 
and  to  fend  back  like  wife  fome  of  the  prifoners  of  thefe  na- 
tions, if  yon  have  any  left,  to  bury  the  hatchet,  and  to  make 
a  covenant-chain,  that  they  may  put  away  all  the  French 
that  arc  among  them,  and  that  you  will  open  a  ]>ath  for 
them  this  way  (  they  being  the  king  of  Enghnid's  fubjects 
likcwife,  though  the  French  have  been  admitted  to  trade 
with  them  ;  for, all  that  the  French  have  in  Canada,  they 
iiad  ir  of  the  gr  eat  king  of  England)  that,  by  that  means, 
they  may  come  hither  freely,  where  they  may  have  every 
thing  cheaper  than  nmong  the  French  :  that  you  and  they 
♦nay  join  together  againll  the  French,  and  make  fo  firm  a 
leagiie,  that  whoever  is  an  enemy  to  one,  muft  be  to  both. 

*'  4thly,  Aiiotlier  thing  of  concern  is,  thnt  you  ought  to 
do  what  yon  can,  to  open  a  path  for  all  the  north  Indiaits 
and  Mahikanders  that  ai  e  among  the  Utawawas  and  furtlier 
nations.  I  will  endeavour  to  cio  the  fame  to  bnng  tiiem 
home.  For,  they  not  daring  to  return  home  your  way,  the 
French  keep  them  there  on  pui-pofe  to  jom  with  the  other 
nations  againft  you,  for  your  dedriicuion  ;  for  you  know,  ^ 
that  one  of  them  is  worfe  than  fix  of  the  others  ;  therefore 
all  means  m  jft  nfed  to  bring  them  home,  and  ufe  thea 
kindly  as  they  paii  through  your  country. 

i 


OF    N.  E  W  -  Y  O  R  K. 


)tlily,  My  advice  further  is,  that  mellengei-s  go,  in  be- 
half of  all  the  Five  Nations,  to  the  chriilian  Indians  at  Ca- 
nada, toperfnade  them  to  come  home  to  their  native  coun- 
try. This  will  be  another  great  means  to  weaken  yom'  ene- 
my ;  but  if  they  will  not  be  advifed,  you  know  what  to  do 
with  them. 

'  6thly,  I  think  it  very  nfeceflary,  for  the  brethren's  fecu- 
rity  and  affiftance,  and  to  the  endamaging  the  French,  to 
build  a  fort  upon  the  lake,  where  I  may  keep  ftoi  es  and  pro- 
vifions,  in  cafe  of  neceflity  ;  and  theretoi  e  I  woidd  have  th.e 
brethren  let  me  know  what  place  will  be  moft  convenient 
for  it.  *  - 

"  7thly,  I  Would  not  have  the  brethren  keep  their  com 
in.  their  callles,  as  I  hear  the  Onondagas  do,  but  bnry  it  a 
great  w  ay  in  the  woods,  where  few  people  may  know  where 
It  is,  for  fear  of  fuch  an  accident  as  has  happened  to  th© 
Senecas. 

"  8thly,  I  have  given  my  advice  in  your  general  affembly, 
by  mr.  Dirk  Weflels  and  Akus,  the  intei  prerer,  how  you 
are  to  manage  your  paities,  and  how  neceflary  it  is  to  get 
prifonei-s  to  exchange  for  your  own  men  that  are  prifoners 
with  the  French  ;  and  I  am  glad  to  hear  that  the  brethren 
are  fo  luiitedas  mr.  Dirk  Weflels  tells  me  you  are,  and  that 
there  was  no  rotten  members  nor  French  fpies  among  you. 

9thly,  The  brethren  may  remember  my  advice,  which 
I  fent  you  this  fpring,  not  to  go  to  Cadarackui  ;  if  you  had, 
they  would  have  ferved  you,  as  they  did  your  people  that 
came  from  hunting  ihither  ;  for  I  told  yon  that  I  knew  the 
French  better  than  you  did. 

lothly,  There  was  no  advice  or  proportion  that  I  mad« 
to  the  brethren  all  the  time  that  the  prieft  lived  at  Ononda- 
ga, but  what  he  wrote  to  Canada,  as  I  found  by  one  of  his 
letters,  which  he  gave  to  an  Indian  to  carry  to  Canada,  but 
which  was  brought  hither  ;  therefore,  1  defire  the  brethren 
not  to  receive  him,  or  any  French  prieft  any  more,  having 
fent  for  Engliih  priefts,  with  whom  you  may  be  flipplied  to 
your,  content. 

^'  iithly,  I  v7ould  have  the  brethren  look  out  fharp,  for 
fear  of  being  furprifed.  I  believe  all  the  fti  ength  of  the 
French  will  be  at  their  frontier  places,  viz.  at  Cadarackui, 
and  Oniagara,  where  they  have  built  a  fort  now,  and  at 
Trois  Rivieres,  Montreal,  and  Chambly. 

I2thly,  Let  me  put  you  in  mind  again,  not  to  make  any 
ti'eaties  without  my  means,  which  will  be  more  advantage- 
ous for  you,  than  tout*  doing  it  for  ypurfeh  es ;  for  then  you 
will  be  looked  upon  as  the  king  of  England's  lubjecfts  ;  and 
let  me  know,  from  time  to  time^  every  thing  that  is  done. 


TilK  HISTORY 


**  Thus  far  I  have  fpoken  to  you  relaiing  to  the  war." 

Not  loiicrafLer  tliis  inter\  Ie\v,  a  confitlerable  party  ofMd- 
liaws  anclMahikanders,  or  river  hidiiuis,  befet  lort  Chambly, 
burnt  R'vcral  houfcs,  and  returned  with  many  captives  to 
Albany.  Forty  Onondagas,  about  the  f.une  time,  I'urpj  ilcd 
a  few  loldicrs  near  lort  Frontcnac,  whom  they  confined  irl- 
Itead  of  the  Indians  fcnt  liomc  to  the  gallies,  notwitblt:and- 
inir  the  utmolt  addrels  was  uled  to  regain  them,  by  Lainbcr- 
viile,  a  French  prielt,  who  delivered  them  two  belts,  to  en- 
^ai^e  their  kindnefs  to  the  prifoncis,  and  prevent  their  join- 
invT  the  quarrel  with  the  Senetas.  The  belts  being  fent  to 
colonel  Dongan,  he  wrote  to  De  Nonville,  to  demand  the 
reafoii  of  their  being  delivered.  Pcre  le  Vaillant  was  fent 
hereabout  the  beginning  of  the  year  1688,  under  colour  of 
bringing  an  on(wer,  but  in  reality  as  a  fpy  Col.  Dongan 
told  him,  that  no  pcare  could  be  made  with  the  five  nations, 
unlefi  the  hulians  lent  to  the  gallies,  and  the  Caghnuaga 
profelytes  were  returned  to  their  refpee^tive  cantons,  the 
foitsat  Niagara  and  Frontenac  raifed,  and  the  isenecas  had 
fatisfaction  made  them,  for  the  damage  they  had  fullalned. 
Tiie  jefuit,  in  his  return,  was  oidercd  not  to  vilit  the  Mo- 
hawks. 

Dcngan,who  was  fully  fenfible  of  the  importance  of  the 
Indian  iriterclt  to  the  KnglifTi  colonics,  was  fo*  compelling 
the  French  to  apply  to  him  in  all  their  afi'airs  w  ith  the  Five 
Nations  ;  wiiilc  tliey,  on  the  other  hand,  were  for  treating 
w  ith  them  independent  of  the  Englifli.  For  tiiis  realbn,  a- 
n>ong  others,  he  refuted  them  the  afliilance  they  frequent- 
ly required,  till  they  acknowledged  the  dependence  of  the 
conte'lerates  on  the  Knglilh  crow^l.  King  James,  a  poor, 
bigoited,  popifh,  prielt-ridden  prince,  ordered  his  governor 
t  «  give  up  this  point,  and  to  perfuade  the  Five  Nations  to 
fend  mcflengers  to  Canada,  to  receive  propofals  of  peace 
f:  o!n  the  French.  For  this  purpofe,  a  cellation  of  arms 
and  mutual  delivery  of  piifjners  was  agreed  upon.  Near 
of  the  confederates  attended  this  negociation  at  Mon- 
treal, and  in  their  fpeech  to  De  Nonville,  inliited  with  great 
resolution,  upon  the  terms  propofed  by  colonel  Dongan  to 
father  le  Vaillant.  The  French  governor  declared  his  wil- 
lingnefs  to  pat  an  end  to  the  war,  if  all  his  allies  might  be 
included  in  the  treaty  of  peace,  if  the  Mohawks  and  Sene- 
cas  Nvordd  fend  deputies  to  fignify  their  concurrence,  and 
the  French  m;<^ht  fupply  fort  Frontenac  with  piovjlions. 
The  confederates,  according  to  the  French  accounts,  acced- 
ed to  thefe  conditions,  and  the  treaty  w  as  ratified  in  the  field. 
But  a  new  ruprure  not  long  after  enfued,  from  a  caufe  en- 
tirc'y  unliifpccfted.  The  Dinondadies  liad  lately  iticiined  t* 


©FN  E  W-Y  O  R  K. 


71 


tke  Eiigliih  trade  at  Miflilimakinac  ;  and  their  alliance  was 
therefore  become  fiifpected  by  the  French.  Adai  io,  their 
chief,  thought  to  regain  the  ancient  confidence,  N\hich  had 
been  repofed  in  his  countrymen,  by  a  notable  aclion.againfc 
the  Five  Nations  ;  and  for  that  purpofe  put  himlelf  at  the 
head  of  loo  men  :  nothing  was  more  diiagreeable  to  him, 
than  the  profpeift  of  peace  between  the  French  and  the 
confederates  ;  for  that  event  v.  ould  not  only  render  the  a- 
niity  of  the  Dinondadies  nfelefe,  but  give  the  French  an  op- 
portunity of  refenting  their  late  favourable  conduct  towaids 
the  Englifii.  Imprelied  withthefe  fentinients,  out  of  affec- 
tion to  hiscouRtry,  he  intercepted  the  ambafladors  of  the 
Five  Nations,  at  one  of  the  falls  in  Cadarackui  river,  killed 
feme,  and  took  others  prifoners,  telling  them  that  the 
French  governor  had  informed  him,  that  fifty  warriors  of 
the  Five  Nations  were  coming  that  way.  As  the  Dinonda- 
dies and  confederates  were  then  at  war,  the  ambafiadors 
were  aftonifiied  at  the  perfidy  of  the  French  governor,  and 
could  not  help  communicating  the  deficrn  of  their  journey, 
Adario,  in  profecution  of  his  crafty  fcheme,  counterfeited 
the  utmoft  diftrefs,  anger,  and  fhame,  on  being  made  the  ig- 
nominious tool  of  de  Nonviile's  treachery,  and  addrelling 
himfelf  to  Dckanefora,  the  principal  ambafiador,  faid  to 
him,  Go,  my  brethren,  I  untie  your  bonds,  and  lend  you 
home  again,  though  our  nations  be  at  war.  The  French  go- 
vernor has  made  me  commit  fo  black  an  acftion,  that  I  fliall 
never  be  eafy  after  it,  till  the  Five  Nations  fhall  have  taken 
full  revenge."  This  outrage  and  indignity  upon  the  rights 
of  ambafladors,  the  truth  of  which  they  did  not  in  the  lenft 
doubt,  animated  the  confederates,  to  the  kecncft  thirft  af- 
ter revenge  ;  and  accordingly  1 200  of  their  men,  on  the  26th 
of  July  1688,  landed  on  the  fouth  fide  of  the  iiland  of  Mon- 
treal, while  the  French  were  in  perfeA  lecurity  ;  burnt  their 
houfes,  facked  their  plantations,  and  put  to  the  fword  all 
the  men,  women,  and  children,  without  the  Ikirts  of  the 
town.  A  thoufand  French  were  flain  m  this  invafion,  and 
twenty  fix  carried  into  captivity,  and  bumt  alive.  Many 
more  were  made  prifoners  in  another  attack  in  Oclober, 
and  the  lower  part  of  the  ifland  wholly  dellroyed.  Only 
three  of  the  confederates  were  loft,  in  all  this  fcene  of  mi- 
iery  and  defolation*. 


*  I  have  followed  dr.  Colden  in  the  account  of  this  at- 
tack, who  differs  from  Charlevoix.  That  jefuit  tells  us,  that 
the  invafion  was  late  in  Auguft,  and  the  Indians  1 500  ftrong  ; 
and  as  to  the  lols  of  tlie  French^  he  diminillies  it  to  only  2p« 
fouls. 


THE  HISTORY 


Nevpr  before  did  Canada  fuftnin  fnch  a  heavy  blow.  The 
news  of  this  iirtack  01%  Montreal  no  fooner  reached  the  gar- 
r'li'ovi  at  the  lake  Ontario,  than  they  fet  fire  to  the  two  barks, 
vhich  they  had  built  there,  and  abandoned  theiort,  leaving 
B  match  to  28  ban  eU  of  powder,  dcfiirjied  to  blow  up  the 
•works.  The  foldiers  we'it  down  the  river  in  fuch  precipi- 
tation, that  one  of  the  battoes  and  her  crew  were  all  ]oi\  in 
Shooting  a  fall.  The  confederates  m  the  mean  time  feized 
the  fort,  the  }>owder,  and  the  llores  ;  ai:d  of  all  the  Krcncli 
allies,  who  were  vaftly  numerous,  only  the  Nepicinnians 
nnd  Kikabons  adhered  to  them  in  their  calamities.  Tlie 
Utawawas  and  feven  other  nations  iiiftantly  made  peace 
with  the  tnglifh  ;  and  but  for  the  uncommon  fagaciry  and 
addrefs  of  the  llcnr  Perot,  the  wclteni  Indians  would  have 
murdered  every  Frenchman  among  them.  Nor  did  the  dif- 
trefles  of  the  Canadians  end  here.  Numerous  fcputs  from 
the  five  natiojis,  continually  infefted  their  borders.  The  fre- 
<l'ient  depredations  that  were  made,  prevented  them  from 
the  culrivation  of  their  fields,  and  a  diitrelling  famine  raged 
through  the  whole  counny.  Nothing  but  the  ignorance  of 
the  Indians,  in  the  art  of  attsckhig  fortified  places,  faved 
Canada  from  being  now  utterly  cut  off.  It  was  therefore 
imfpeakably  fortunate  to  the  Trench,  that  the  Indians  had 
no  allilHnce  from  the  Englifli,  and  as  unfortrniace  to  us,  that 
our  colonics  were  then  incapable  of  affording  fucconrsto 
the  confederates,  through  the  malignant  influence  of  thofe 
cxec  able  meafures,  w  liich  were  purfued  under  the  infa- 
mous rei^n  of  king  James  the  fecond.  Colonel  Dongan, 
whatever  his  conducft  mi^lit  have  been  in  civil  aifairs,  did 
all  that  he  could  in  thofe  relating  to  the  Indians,  and  fell 
at  laft  into  the  king's  difplcafurc,  through  his  zeal  for  the 
tr-ie  intereft  of  the  province. 

While  thcfc  things  vycre  tranfadting  in  Canada,  a  fcene 
of  the  grearcll  importance  was  opening  at  New- York.  A 
general  difaffe^ftion  to  the  government  prevailed  among  the 
people.  Papifts  began  to  fettle  in  the  colony,  under  the 
ihiiles  of  the  governor.  The  collector  of  the  re-  enues,  and 
feveral  principal  ofHcers,  threw  off  the  mafk,  and  openly 
avowed  their  ntrachment  to  the  doclrinesof  Rome.  A  Latin 
fchool  was  fet  up,  and  the  teacher  ftrongly  fufpectedfor  a 
jefuit.  The  people  of  Long-Ifland,  who  were  difappointed 
in  their  expedlation  of  mighty  boons,  promifed  by  the  go- 
vernor on  his  arrival,  were  become  his  pcrfonal  enemies  ; 
and  in  a  word,  the  whole  body  of  the  people  trembled  for 
the  proteflant  caufe.  Here  the  leaven  of  oppofition  firft  be- 
gan to  work.  Their  intelligence  from  England,  of  the  d^- 
ligns  there  in  favour  of  the  prince  of  Orano;e,  blew  up  thfe 


73 


jaoals  of  difcontent,  and  elevated  the  hopes  of  the  difalTecfLed. 
But  no  man  dared  to  fpring  in  adiion,  till  after  the  rupture 
in  Bolton.  Siv  Edmond  Androls,  who  was  perfetftly  devoted 
to  the  arbitrary  meafures  of  king  James,  by  his  tyranny  in 
New-England,  had  drawn  upon  himfelf  the  univerfal  odium 
of  a  people,  animated  with  the  love  of  liberty  and  in  the 
defence  of  it  refolute  and  coiirageous  ;  and  thei  efove^wiien 
they  could  no  longer  eiidm-e  his  {lefpotic  riite,  they  feized 
and  impnfoned  him,  and  afterwards  lent  him  to  England. 
The  government,  in  the  mean  tisiie,  was  veiVedin  the  hands 
of  a  committee  for  the  fafety  of  the  people,  of  v>hich  mr. 
Bradftreet  was  chofen  prciident.  Upon  the  news  of  this 
event,  feveral  capuains  of  our  militia  convene  !  tliemfelves 
to  conce  .  t  meafures,  in  favour  of  the  prince  of  Ora-^ge.  A- 
mong  thefe,  Jacob  Leifler  was  the  moft  ac'cive.  He  M  as  a 
man  in  tolerable  cfteem  among  the  people,  and  of  a  mo- 
dei-ate  foitune,  but  deftitutc  of  every  qurdiiication  nereflary 
for  the  enterprife.  Milbome,  his  fon-i^i-law,  an  Englifhmnn, 
direcfted  all  his  councils,  while  Leiller  as  abfolutely  iniiu- 

•cnced  the  other  officers. 

The  firft  thing  they  contHvcd,  was  to  feize  the  garrifon 
in  New-York  ;  and  the  cultom,  at  that  tin  e,  of  guarding  it 

'  every  night  by  the  militia,  gave  Leifler  a  fine  opporturity 
of  executing  the  defign.  He  entered  it  with  forty  nine  men, 
and  determined  to  hold  it  till  the  whole  militia  fhould  join 
Jaiim.  Colonel  Dongan,  who  was  about  to  leave  the  province, 
then  lay  embarked  in  the  bay,  having  a  little  befo  e  refigned 
±he  government  to  {  rancis  Nicholfon,  the  lieutenant  gover- 
nor. The  council,  civil  officers,  and  migiftrates  of  the  city, 
were  againff:  Leiffer,   and  therefore  many  of  his  friends 

'were  at  firll  fearful  of  openly  efpouling  a  caufe  dlfapprovecl 
by  the  gentlemen  of  figure.  For  this  reafon,  Leifler's  fi-  ft  de- 
clararion  in  favour  of  the  prince  of  Oram^e,  was  Aibfcribed 
onlybyafew,  among  feveral  companiesof  the  trained  baiids. 
While  the  people,  tor  four  days.facceffively,  were  in  the 
utmoft  perplexity  to  determine  what  part  to  choofe,  being 
folicited  by  Leiller  on  the  one  hand,  and  thieaiened  by  the 
lieutenant  governor  on  the  other,  the  town  was  alarmed 
with  a  report,  that  three  fliips  were  coming  up,  with  or- 
ders fiom  the  prince  of  Orange.  This  falfehood  was  very 
fealbnably  propagated  to  fen  e  the  intereft  of  Leifler  ;  for  on 
that  day, the  of  June  i689,his  party  was  augmented  by  tlie 
addition  of  fix  captains  and  400  men  in  New-York,  and  a 
company  of  70  men  from  Eaft  Chefler,  who  all  fubfcribed  2^ 


'^4 


THE  HISTORY 


i'econd  declaration*,  mutually  covenanting  to  hold  the  f&rt 
^or  ciie  p -ince.  Colonel  Don^an  continued  till  this  time  in 
the  harbo  r  ,  waiting  the  ifliie  ofthcre  commotions  ;  and 
NichoKbn's  p.irty  bein^  now  unable  to  contend  with  their 
oppoiienrs  were  totally  clifpcrfed,  the  lieurenant  go\ernor 
liinile'F  abfcoiiding,  the  very  night  at\cr  the  laft  declaration 
XV as  (igncd. 

Lei.l  jr  being  now  in  complete  poflcffion  pf  the  fort,  fent 
home  ail  addrels  to  king  William  and  tjiieen  Mary,  as  foon 
as  he  received  the  news  of  ihcir  acceflion  to  the  throne.  It 
is  a  tedious,  incon  c  :t,  ill-drawn  narrative  of  the  grievances 
which  the  people  had  endaicd,  and  the  methods  lately  ta- 
ken to  Iccurc  themfclves,  ending  with  a  recognition  of  tiic 
fovcrei;i;'iry  of  the  king  and  queen  over  the  whole  Knglifli 
dominions. 

This  addrefs  was  foon  followed  by  a  private  letter  from 
Leiller  to  ki'.ig  William,  which,  in  vcrj'  broken  Kngli/li,  in- 
forms his  majedy  of  the  Itate  of  the  gaiTifi)n,  the  re])airs 
Jie  hn.d  made  to  it,  and  tlic  temper  of  the  people,  and  con- 
cludes with  It  ong  protclbations  of  his  fincenty,  loyalty, 
a:id  zeal.  Toil  Stoll,  an  enfign,  on  the  delivery  of  this  let- 
ter to  the  kin  I,  had  the  honour  to  kifs  his  majeiby's  hand  ; 
\yit  Nicholfon  the  lieutenant-governor,  and  one  Knnis,  an 
cpifcopal  clergyman,  arrived  m  England  before  him;  and 
by  falfely  rcprefen  lng  the  late  meafures  in  New  York,  as 
p  occeding  .  athcr  f.  om  their  averfion  to  the  church  of  Eng- 
iand,  than  zeal  for  the  prince  of  Orange,  Leifler  and  his 
par;:y  milled  the  rewards  and  notice,  which  their  activity 


*  I  have  taken  an  exact  copy  of  it  for  the  fatisfacftion  of  the 
rer>dcr.  Whereas  our  intention  tended  only  but  to  the 
prefervp.tion  of  the  proteftant  reli  gion,  and  the  fort  of  this 
cif^y,  to  the  end  tliar  we  may  avoid  and  prevent  the  rafh 
jr.dgment  of  the  world,  in  fo  jiift  adefign  ;  we  have  thought 
fit,  to  let  every  body  knov/  by  thefe  public  proclamation, 
that  till  the  lafe  arryvell  of  the  ftiips,  that  we  expect 
every  day,  from  his  royal  highnefs  the  pnnce  of  Orange, 
v/ith  orders  for  the  government  of  this  country  in  the  behalf 
of  fuch  perfon,  as  the  faid  royal  highnefs  had  chofen,  and 
honoured  with  the  charge  of  a  governor,  that  as  foon  as  the 
bearer  of  the  faid  orders,  ihali  have  let  us  fee  his  power, 
then,  and  without  any  delay,  we  fliall  execute  the  faid  or- 
ders puntflually  ;  declaring  that  we  do  intend  to  fubmit  and 
obey,  not  only  the  faid  orders,  but  alfo  the  bearer  thereof, 
committed  for  the  execution  of  the  fame.  Inw^itnefs  hereof, 
^'e  have  figned  thefe  prefents^  the  third  of  Jtuie  1689." 


O  F   N  E  W  .  Y  O  B.  K. 


for  the  revolution  juftly  deferved.  For  though  the  king 
made  Stoll  the  bearer  of  his  thanks  to  the  people  for  their 
fidelity,  he  ^b little  regarded  Leifler's complaints  againftNi- 
chollbn,  that  he  was  loon  after  preferred  to  the  govermnent 
of  Virginia.  Dongan  returned  to  Ireland,  and,  it  is  laid, 
fncceeded  to  the  earldom  of  Limerick. 

Leifler's  fudden  uiveftiture  with  fupreme  power  over  the 
province,  and  the  probable  profpec^s  of  king  William's  ap- 
probation of  his  condud:,  could  not  but  excite  the  envy  and 
jealoufy  of  the  late  council  and  magiltrates,  who  had  refu- 
fed  to  join  in  the  glorious  work  of  the  revolution ;  and 
hence  the  fpring  of  all  their  averfion,  both  to  the  man  and 
his  meafures.  Colonel  Bayard,  and  Courtland  the  mayor  of 
the  city,  were  at  the  head  of  his  opponents,  and  finding  it 
impofiible  to  raife  a  party  againft  him  in  the  city,  they  very 
early  retired  to  Albany,  and  there  endeavoured  to  foment 
the  oppofition.  Leifler,  on  the  other  hand,  fearful  of  their 
-influence,  and  to  extinguifli  the  jealoufy  of  the  people, 
thought  it  prudent,  to  admit  feveral  trufty  perfons  to  a  par- 
ticipation of  that  power,  which  the  militia  on  the  ifl  of 
July  had  committed  folely  to  himfelf.  In  conjunction  with 
thefe,  (who,  after  the  Bolton  example,  were  called  the  com- 
mittee of  fafety)  he  exercifed  the  government,  afliiming 
I    to  himfelf  only  the  honour  of  being  prefident  in  their 
!    councils.  This  model  continued  till  the  month  of  Decem- 
I    ber,  when  a  packet  arrived  with  a  letter  from  the  lordfr 
Carmarthen,  Halifax,  and  others,  directed   "  To  Francis 
Nicholfon,  efq.  or  in  his  abfencc,  to  fucli  as  for  the  time  be- 
ing, take  care  for  prefei^ving  the  peace  and  adminjiteiing 
the  laws,  in  their  majcfties'  province  of  New-York  in  Ame- 
rica." Tliis  letter  was  dated  the  29th  of  July,  and  was  ac- 
companied with  another  from  lord  Nottingham,  dated  the 
I    next  day,  which,  after  empowering  Nichollon  to  take  upon 
\]    liini  the  chief  command,  and  to  appoint  for  his  aliillance  a* 
j    many  of  tlie  principal  freeholders  and  inhabitants  as  he 
'    Ihould  think  fit,  requiring  aifo  "  to  do  every  thing  apper- 
taining to  the  office  of  lieutenant-governor,  according  to 
j    the  laws  and  ciilloms  of  New- York,  until  further  orders." 
I       Nichollon  being  abfconded  when  this  packet  came  to 
j    hand,  Leifler  confidered  the  letter  as  directed  to  himfelf, 
!    and  from  this  time  iflbed  all  kinds  of  commiliions  in  his  own 
1    name,  aflhming  the  title,  as  well  as  aiuhority,  of  lieute- 
nant-governor. Ontheiith  of  December,  he  fummoned 
;    the  coinmittee  of  fafety,  and  agreeable  to  their  advice, 
fwore  the  following  perfons  for  his  council:  Pet  e*  dc  Lanoy, 
Samuel  Sraats,  Fendrick  Janftn,  and  |ohannes  Vermilie, 
for  New- York.  Gerardus  Beekman,  for  King's  county.  For 


THE  HISTORY 


Queen's  county,  Samuel  £dfcl ;  Thomas  Williams  for 
Wcft-Chefler,  and  William  f.awrcnce  for  Orajige  county. 

Except  tiie  eafteni  inhabiiaiits  of  Long  Hland,  all  the 
Ibutheni  part  of  the  colony  chenrfully  fuoniittcd  to  LeiC 
ler's  command.  The  principal  freeholders,  however,  by  re- 
fpct'tral  leitei-s  gave  lii:n  liopcs  of  their  fubmilfion,  and 
thereby  pifventcd  his  betaking  himfelf  to  arms,  while  they 
"were  privately  foUciiiuir  the  colony  of  Connecticut,  to  take 
them  under  its  jiii  ifdiction.  They  had,  indeed,  no  aveHion 
to  Leifler's  authority,  in  lavour  of  any  other  party  in  the 
P'  ovince,  but  were  willing  to  be  incorporated  with  a  peo- 
ple, from  wlicnce  they  had  originally  colonized  ;  and 
therefore  as  foonas  Connecticut  declined  their  requell,  they 
openly  appealed  to  be  advocaies  for  Lcifler.  At  this  junc- 
ture the  l.oiig  niand  reprel'entation  Svas  drawn  up,  wliich  I 
have  more  than  once  bail  occafion  to  mention. 

The  people  of  Albany,  in  the  mean  time,  were  determi- 
ned to  holil  the  garrilbn  and  city  for  king  William,  inde- 
pendent of  Lcii'ler  ;  and  on  tlte  26th  of  October,  which 
was  before  the  p  icket  arrived  fi  omlord  Nottingham,  form- 
ed tiicmfelves  into  a  convention  for  that  purpoie.  As  Leif- 
ler's attempt,  to  reduce  t)iis  country  to  his  command,  wai 
the  original  caufe  of  the  future  divifions  in  the  province, 
and  in  tbe  end  brought  about  his  own  ruin,  it  isnay  not  he 
iinp'  oper  to  fee  the  refoUnion  of  the  convention,  a  copy 
of  which  was  fent  dow  n  to  bin  at  large. 
Peter  Schv.vler,  mayor,         Claes  Ripfe  ^ 
Birh  Wedels,  recoixler,        David  Schuvler,    C  am 
JanWe-uLl,  Albert  Ryciunan>Al<lennrB. 

Jan  Janfen  Blecker,  j 

KiUian  V.  Re'iflaer,  juftice,  John  Cuyler, 

C^^pr.  "^la^e'Ge- -i^fe,  jufticc,  Gernt  Ryerfc, 
Capt.  Gerat  Tennifle,  Evert  Banker, 

pirk  Tcnr.ife,  juilice,  Rynier  Barentfe. 

ilent.  Robert  SaiTTiJers, 

Refolved,  fince  \ve  are  inform  el  by  pcrfons  coming 
from  New-York,  that  captain  Jacob  Leifler  is  dcligiied  to 
f.'nd  iiD  a  co  'ipany  of  armeil  men,  upon  pretence  to  aflift 
Hjs  iii'f*i'.s  couTit  y,  who  intend  to  make  themfelves  mailer 
fef  ther*  ni  iefties'  fort  and  this  city ,  and  carry  divers  perfons 
akd  chief  oiHc?.  3  of  this  city  prifoners  to  New- York,  and  fo 
<ii(l]aiet  'ar.c^  ii!\:urb their  majefties'liege  people ;  thataletter 
Xie  writ  to  alderr.ian  Levin  as  Van  Schaic,  now  at  New- York, 
a-n  n  lieuteiiaiii  '  ocbbn  Staets,  to  make  narrow  enquiry  of 
t!?e  b\ifinefs,  andro  fignifiy  to  the  faid  Leifler,  that  w  e  have 
I'v^ceiv^d  f'ch  information  ;  and  withal  acquint  htm.  that 
notwithilanding  we  have  the  alliftance  of  iiinetj'-five  men 


OF  NEW-YORK, 


11 


ifi'om  our  neighbours  of  New-England,  who  are  now  gone 
for,  and  one  hundred  men  upon  occafion,  to  comriiand, 
from  the  county  of  U  Ifter,  which  we  think  will  be  fufiicietit 
this  winter,  yet  we  will  willingly  accept  any  fuch  affiftance 
as  they  ihall  be  pleafedto  fend  for  the  defence  of  their  ma- 
jefties'  county  of  Albany  :  Provided,  they  be  obedient  to, 
and  obey  fuch  orders  and  commands,  as  tliey  fliall,  from 
time  to  time,  receive  from  the  convention  ;  and  that  by  no 
means  tiiey  v.  ill  be  admitted,  to  have  the  command  of  their 
majeilies' fort  or  this  city  ;  which  we  intend,  by  God's  aflift- 
ance,  to  keep  and  preferve  for  the  behoof  of  their  majefties 
William  and  Mary,  king  and  queen  of  Enghmd,  as  we 
hitherto  have  done  fince  their  proclamation;  and  if  you  hear, 
that  they  perfevere  with  fuch  intentions,  fo  to  difturb  the 
inhabitants  of  this  county,  that  you  then,  in  the  name  and 
behalf  of  the  convention  and  inhabitants  of  the  city  and 
county  of  Albany,  protefV  againft  the  faid  Leiller,  and  all 
fuch  perfons  that  fhall  make  attempt,  for  all  lofles,  damages, 
bloodihed,  or  whatfoever  milchiefs  may  enhie  thereon  ; 
which  you  are  to  communicate  with  all  fpecd,  as  you  per- 
ceive their  defign." 

.  Taking  it  for  granted,  that  Leiflcr  at  New- York,  and  the 
convention  at  Albany,  were  equally  affected  to  the  revolu- 
tion, nothing  could  l>e  more  egregicufly  fcolifh,  than  the 
conducft  of  both  parties,  who,  by  their  inteftine  divilions, 
threw  the  province  into  convulfions,  and  fowed  the  feeds  of 
mutual  hatred  and  aaimolity,  which,  for  along  time  after, 
greatly  embairafled  the  public  affairs  of  the  colony.  When 
Albany  declared  for  the  prince  of  Orange,  there  was  no- 
thing elfe  that  Leifler  could  properly  require  :  and  rather 
than  facrifice  the  public  peace  of  the  province,  to  the  trifling 
honour  of  refiftmg  a  man  Vv^ho  had  no  evil  dcfigns,  Albany 
ought  in  prudence  to  have  delivered  the  garriibn  into  his 
hands,  till  the  king's  definitive  orders  fhould  arrive.  But 
while  Leifler,  on  the  one  hand,  was  inebriated  with  his 
new-gotten  power,  fo  on  the  other,  Bayard,  Courtland, 
Schuyler,  and  others,  could  not  brook  a  fubmiflion  to  the 
authority  of  a  man,  mean  in  his  abilities,  and  inferior  in 
liis  degree.  Animated  by  thefe  principles,  both  parties  pre- 
pared, the  one  to  reduce,  if  I  may  ufe  the  expreffion,  the 
other  to  retain,  the  garrifon  of  Albany.  Mr.  Livingfton,  a 
principal  agent  for  the  convention,  retired  into  Conncd;i- 
cut,  to  folicit  the  aid  of  that  colony,  for  the  protecftion  of 
the  frontiers  againft  the  French.  Leifler,  fufpecfling  that 
they  were  to  be  ufed  againft  him,  endeavoured  not  only  to 
prevent  tliefefupplies,  but  wrote  letters,  to  have  Living- 

L 


78 


Tlli:  HISTORY 


don  apprehended,  as  an  enemy  to  the  reigning  powers  , 
and,  to  procure  fuccouis  from  Hollon,  fallely  reprelented 
llie  convention,  as  in  the  inlerclt  of  the  French  and  kiiig 
James. 

facob  Milbonie  was  commilfioned  for  the  reduction  oi' 
Alliany.  Upon  his  arrival  there,  a  great  number  of  the  in- 
habitants anned  ihemfclvcs,  and  repaired  to  the  fort,  then 
commanded  by  mr.  Schtiyler,  while  niany  others  followed 
the  other  members  of  tlie  convention,  to  a  conference  wiih 
him  at  the  city-hall.  Milborne,  to  profelyte  the  crowd,  de- 
claimed mucli  agalnlt  king  james,  popery,  and  arbitra  y 
power ;  but  his  oratory  was  loit  upon  the  hearers,  who, 
after  fcvcral  meetings,  llill  adhered  to  the  convention. 
Milborne  then  advaTiccd  with  a  few  men  upto  the  fort,  a?:d 
mr.  Schuyler  had  the  utmolt  dilliculty  to  prevent  both  liii 
own  men,  and  the  Mohawks,  who  were  then  in  /Mbar.y, 
and  p?rfci!t:ly  devoted  to  lii^  fervice,  from  li;  ing  upon  Mil- 
bornc's  party,  which  confiftcd  of  an  incoiilidciable  nun:- 
ber.  In  thefc  clrcumllanccs,  he  thoaght  proper  to  retrcar, 
and  fbon  after  departed  from  xWhaiiy.  In  the  fpring,  ho 
commanded  another  party  upoii  the  fame  errand  ;  and  the 
diilrefi  c.f  rhe  country,  on  an  Indian  irruptior,  gave  him 
all  the  defired  fuccefs.  No  fooiier  was  he  poilcHcd  of  the 
garrifon,  than  molt  of  the  principal  members  of  the  conven- 
tion ablLonded.  I'pou  which,  tlieir  eft'crcts  were  arbitral  lly 
I'eizcd  and  confifcaled,  w^iiich  fo  hi-Thly  exalperated  the  iuf- 
fjrers,  that  their  poilerity,  to  this  day,  cainiot  f])eak  of 
ihefe  troubles,  w ithout  the  bitterelt  invectives  againlt  Leiilcr 
and  all  his  ad'ierenrs. 

In  the  midit  of  thofe  iiiteftine  confiifions  at  New-York, 
the  people  of  New-Kngland  were  engaged  in  a  war  with  the 
Owenagangas,  Ourages,  and  Fcnocoks.  Between  thefe  and 
the  bchakoolv  Indians,  tliere  was  then  a  friendly  communi- 
cation, and  tlx?  fime  was  fufpedced  of  the  Mohawks,  among 
whom,  Ibme  of  the  Owcnagungas  had  taken  fanctuary. 
This  gave  rife  to  a  conference,  be- ween  feveial  commilllon- 
eis  from  Bofton,  Plymouth,  and  Connecticut,  and  the  five 
nations,  at  Albiny,  in  September  16S9,  the  former  endea- 
vouring to  engage  the  latter,  againft  thofe  eafteni  Indians, 
who  were  then  at  war  with  the  New-England  colonies. 
Tahajadoris,  a  Mohawk  fachem,  in  a  long  oration,  an- 
fwered  the  £ngliili  meliuge  ;  and,  however  improbable  it 
may  feem  to  Europ;?ans,  repeated  all  that  had  been  laid  the 
preceding  day.  The  art  they  have  in  affifling  their  memo- 
ries is  tills.  The  fachem  who  prefidss,  has  a  bundle  of 
fticks  prepared  for  the  purpofe,  and  at  the  clofc  of  every 
principal  arlicle  of  the  nielia^e  delivered  to  them,  gives  a 


OF    N  E  \V  -  Y  O  K  K. 


79 


ftick  to  anotlier  fachero,  charging  him  with  the  remem- 
brance of  it.  By  this  means  tne  orator,  after  a  previous 
confei-cnce  %vith  the  Indians,  is  prepared  to  repeat  evciy 
part  of  the  niellage,  an.i  give  i:  its  pi  oper  reply.  This  ciU- 
tom  is  invariably  purfuetlm  all  their  pj^blic  treaties. 

The  conference  did  not  anfvver  tiie  expectation  of  the 
people  of  New- England,  t;ie  five  nations  diicovering  a  grcst 
difiiiclination  to  join  in  the  hoUilities  againit  the  caiteni 
Indians.  To  atone  lor  v*iiich,  they  gave  the  hij^i.eil  pro- 
teHations  of  their  willingnels  to  diitrcis  the  Frencii,  agaiiiii: 
whom  the  Enghili  had  declared  v.'ar,  on  the  7th  of  May 
p-eceiing.  That  part  of  the  fp?ech  ratifying  their  friend. 
?hip,  witii  the  Engliih  colonies,  is  lir.gr.larly  exprelled. 

We  promife  to  preferve  the  chain  invioiabiy,  and  v.'if:i 
that  the  fun  may  always  faine  in  peace,  over  ail  onr  heads 
that  are  con.prciiendcd  in  tliis  chain*.  We  give  two  beUs. 
One  for  the  lim,  and  the  other  for  its  beams.  We  make  faft 
the  roots  of  the  tree  of  peace  andtranquilliLy^vhich  is  plant- 
ed in  this  place.  Its  roots  extend  as  far  as  the  utinoifc  of 
yonr  colonies  ;  if  the  French  fliould  come  to  lhake  th  '.s'tree, 
we  would  feel  it  by  the  motion  of  its  roots,  ^vhich  extend 
into  onr  country.  But  we  triilh  it  will  not  be  in  the  gover- 
nor of  Canada's  power  to  lhake  this  tree,  wiiich  has  been  fo 
firmly,  and  long  planted  with  us." 

Nothing  could  liavc  been  more  advantageous  to  tiiefc  co- 
lonies, and  efpecially  to  New-York,  than  the  late  fuccels  of 
the  five  nations  agairdt  Canada.  The  miferies  to  which  the 
French  were  reduced,  rendered  us  fecure  agaiidl  their  in- 
roads, till  the  work  of  the  revolution  was  in  a  gi  eat  mea- 
fure  accomplifned  ;  and  to  their  dilbefled  condition,  we 
mufl  principally  afcribe  the  defeat  of  the  French  dehgn^ 
about  this  time,  to  make  a  conijueft  of  the  province.  Dc 
Callicres.  who  went  to  France  in  1688,  full:  prcjeCied  the 
fcliemey;   and  the  troubles  in  England  encouraged  the 


*  The  Indians'  conception  of  the  league  between  them 
and  us,  is  couched  under  the  idea  of  a  chain  extended  from 
a  fliip  to  a  tree  ;  and  eveiy  renewal  of  this  league  they  call 
brightening  the  chain. 

f  Charlevoix  has  publlfned  an  extract  of  the  memorial 
prefented  to  the  French  king.  The  force  demanded  for  th- 8 
enterprife,  was  to  confill  of  i;oo  regulars  and  qco  Canadi- 
cms.  Albany  was  faid  to  be  fortified  only  by  an  inclofure 
of  ftoekadoes  and  a  little  fort  with  four  baftions ;  and 
that  it  contained  but  1 5c  foldiers  and  ;oo  inhabitants.  Tiiat 


to 


THE  HISTORY 


P'rcnch  court  to  make  the  attempt.  CafTinierc  commanded 
the  (hips,  which  failed  for  tliat  piirpole  from  Rocliefort ;  fub- 
jct^r,  ncverthelcfs,  to  the  conut  de  Frontenac,  who  was  ge* 
neral  of  tlic  land  forces,  deftincd  to  march  from  Canada, 
by  the  route  of  Sorel-Rivcr  and  the  lake  Champlaiu.  Tht 
fleer  and  troops  arrived  at  C  hebucta,  the  place  of  rendez- 
vous, in  September  ;  from  w  hence  the  count  proceeded  to 
Qjiebec,  leaving;  orders  with  CafHniere,  to  lail  for  Sew* 
York,  and  continue  in  the  bay,  in  fight  of  the  city,  bat  be- 
yond the  fire  of  our  camion,  till  the  i  lt  of  December  ;  when, 
if  he  received  no  intelligence  from  him,  he  was  ordered  to 
return  to  France,  alter  unlading  the  ammunition,  ftores, 
and  provifionsat  Port  I^^oyal*.  1  he  count  was  in  high  fpi- 
rits,  and  fully  determined  upon  the  enterprife,  till  he  ar- 
rived at  Qjiebec  ;  where  the  news  of  the  fu(  cefs  of  the  five 
nations  againlt  Montreal,  the  lofs  of  his  favourite  fort  at 
lake  Ontario,  and  the  ad  .auccd  leafon  of  the  year,  defeat- 
ed his  aims,  and  broke  up  the  expedition.  De  Nonvillc, 
who  was  recalled,  carried  the  news  of  this  difappointment 
to  the  court  of  France,  leaving  the  cliief  command  of  the 
country  in  the  hands  of  count  Frontenac.  This  gentleman 
"wa"»a  man  of  courage,  and  well  acquainted  with  the  affairs 
of  that  country.  He  was  then  in  the  68th  year  of  his  age, 
and  yet  fb  far  from  confulting  his  eafe,that  in  a  few  days  af- 
ter l>e  landed  ai(>)iebec,he re- embarked  ina  canoe,  forMon- 
treal,  where  his  preience  was  abfolutcly  necefLary,  to  ani- 
mate the  inhabitants,  and  regain  their  Indian  alliances.  A 
war,  between  the  Englilhand  French  crowns,  being  broke 
out,  the  count  betook  himfelf  to  every ijiit,  for  concluding 
a  peace  benveen  Canada  and  the  five  nations  ;  and  for  this 
purpofe,  the  utmoft  civilities  were  fhov/n  to  Taweraket and 
the  other  Indians,  who  had  been  feut  to  France  lPJ^  de  Non- 
ville,  and  were  now  returned.  Three  of  thofe  l^  v  ns, 
who,  doubtlefs,  were  llruck  with  the  grandeur  and  glory 
of  the  French  monarch,  were  properfy  fent  on  the  ira^ 
portant  meflagc  of  conciliating  the  friendihip  of  the  five 
tions.  Thefe,  ag -eeable  to  our  alliance,  fent  two  fachems  tft 
Albany,  in  December,  with  notice,  that  a  council  for  that 
pui-pofe  was  to  be  held  at  Onondaga.  It  is  a  juft  reflexion 
upon  the  people  of  Albany,  that  they  regai  ded  the  treaty 


New- York,  the  capital  of  the  province,  was  open,  had  a 
ftone  fort  with  four  baftions,  nnd  about  four  hundred  inha- 
bitants, divided  into  eight  companies. 
*  Now  Annapolis. 


Of   NEW  -  YORK. 


8i 


fo  flightly,  as  only  to  fend  four  Indians  and  the  interpreter 
with  inllrii(ftions,  in  their  name,  to  difluade  the  confederates 
irom  aceflation  of  arms  ;  while  the  French,  on  the  other 
hand,  had  then  a  jefuit  among  the  Oiieydoes.  The  coun- 
cil began  on  the  22d  of  January,  1690,  and  confiilea  of 
eighty  fachcms.  Sadekanaghtie,  an  Orioudaga  chief,  open- 
ed the  conference.  The  whole  was  managed  with  great  art 
and  formality,  and  concluded  in  fliowing  a  difpolicion  to 
make  peace  with  the  French,  without  perfecting  ii: ;  guard- 
ing, at  the  fame  time,  againil  giving  the  lealt  umbrage  to 
the  Englilh. 

Among  other  meafurcs  to  detach  the  five  nations  from  the 
Brinfh  inrcreft,  and  raifc  the  deprefied  ibirit  of  the  Cana- 
dians, the  comit  do  Frontenac  thought  proper  to  fend  out 
lb veral  parties  againft  the  Englifh  colonies.  D'Aillebout,  de 
Mantel,  and  le  Moyne,  commanded  that  againft  New- York, 
confiiLing  of  about  two  hundred  French  and  fome  Caghnu- 
zi  yii  Indians,  who  being  profelytcs  from  the  Mohav.  ks,  were 
jjcrfec'ily  acquainted  v.irh  that  country.  Their  orders  were, 
ill  general,  to  attack  New-York  ;  but  pmi;nng  the  advice 
of  the  Indians,  they  refolved,  inftead  of  Albany,  to  furprife 
Scheneclady,  a  village  feveiiteen  miles  north-vveft  from  it, 
and  about  the  fame  diftance  from  the  Mohawks.  The  peo- 
ple of  Schenec1:ady,  though  they  had  been  informed  of  the 
deligns  of  the  enemy,  were  in  the  greateft  fecurity  ;  judg-, 
hur^  it  impracfticable,  for  any  men  to  march  fcveral  hundred 
iii-ies,  in  the  depth  of  winter,  through  the  fnow,  bearings, 
their  provifions  on  t>*eir  backs.  Belides,  the  village  was  ia 
as  much  confufion  as  the  reft  of  the  province  ;  the  officers, 
who  were  pofted  there,  bemg  unable  to  prelerve  a  regular 
"watch,  or  any  kind  of  military  order.  Such  was  the  ftate 
of  Schenedtady,  as  reprelemcd  by  colonel  Schuyler,  who 
"was  at  that  time  mayor  of  the  city  of  Albany,  and  at  the 
head  of  the  convention.  A  copy  of  his  letter  to  the  neigh- 
bouring colonies,  concerning  this  defcent  upon  Schenecitady 
dated  the  15th  of  February  1689-^0,  I  have  now  lying  be- 
fore me  under  his  own  hand. 

After  two  and  twenty  days  march,  the  enemy  fell  in  wixlx 
Schenecftady,  on  the  Sth  of  Februaiy ;  and  were  reduced 
to  fuch  ftreights,  that  they  had  thoughts  of  furrendering 
themfelves  prifoners  of  war.  But  their  fcouts,  who  were 
a  day  or  two  in  the  village  entirely  unfiifpec^ted,  returned 
with  fuch  encouraging  accounts  of  the  abfolute  fecurity  of 
the  people,  that  the  enemy  determined  on  the  attack. 
They  entered,  on  Saturday  night,  about  eleven  o'clock,  at 
the  gates,  which  were  foimd  unfhut ;  and,  that  every  houfe. 
might  be  invefted  at  the  fame  time,  divided  into  iinall  par« 


82 


THE    H  I  S  T  O  P.  Y 


tics  of  fiXf  or  feven  men.  The  inhabitants  were  in  a  pro- 
found flccp,  ami  nnalarmed,  tiil  their  doors  weic  broke 
open.  Never  were  people  in  a  more  wretched  conlterna- 
tion.  l>etcire  tlicy  were  rifenfrom  their  beds,  tlie  enemy  en- 
tered their  lioufes  ;  and  began  tiie  perpetration  of  the 
moft  inhu;irjn  ba.bariries.  No  tongruc,  fays  colonel  Schuy- 
ler, can  exprefs  the  cruelties  that  were  committed.  The 
whole  villajTc  was  inRantly  in  ablaze.  Women  with  child 
ripped  opc.i,  an  J  their  iidants  caft:  into  the  flames,  or  ilafu- 
cd  a5;ainlt  the  pofls  of  the  doors.  Sixty  pe.  funs  periflied  in 
the  inafiacre,  and  twenty  Icven  were  carried  inlo  captivity. 
The  red  fled  naked  towards  Albany,  throu;rh  a  deep  fao\r 
which  fell  that  very  nii;ht  in  a  terrible  llorm  ;  and  tweniy-flvc 
of  tijcfe  fu;:ritivcs  loll  their  limbs  in  the  flight,  througii  the 
feveriry  ol"  the  froll.  The  news  of  this  dreadful  tragedy 
reacheil  Albany,  about  break  of  day  ;  and  univerfal  clread 
feizcci  the  inhabiuuitsof  that  city,  the  enemy  being  report- 
ed to  be  one  thoufand  four  hundred  llrong.  A  party  of 
liorfe  was  immediately  difpatchcd  to  Schcnecftady,  and  a 
few  Moliawks  then  in  the  town,  fearful  of  being  intercept- 
ed, were  with  dir!icidty  fent  to  apprilc  their  ow  n  caftles. 

Tiie  Mohawks  we;  e  unacquainted  with  this  bloody  fcene, 
till  t^vo  days  after  it  liappencd  ,  our  meflcngci  s  being  fcarce 
able  to  travel  through  the  great  deptli  of  the  fnow.  The  ene- 
my, in  the  mean  time,  pillaged  the  town  of  Schcnecftady  till 
noon  the  next  day  ;  and  then  went  off  v/ith  their  plunder, 
and  about  forty  of  their  be  ft  horfes.  The  reft,  with  all  the 
cattle  theycoald  fmd,  lay  Hiughtered  in  the  ftreets. 

The  dcfi'in  of  the  French,  in  this  attack,  was  to  alarm 
the  fears  of  our  Indian  allies,  by  fhowing  that  we  were  hi- 
capable  of  defending  them.  Kvery  art  alfo  was  ufed  to  con- 
ciliate their  frieridfliip  ;  for  they  net  only  f])ared  thofe  Mo- 
iiav.ks  wlio  were  found  in  Schcneilady,  but  feveral  other 
parricular  perfons  in  compliment  to  the  Indiaiis,  who  re- 
queftedtha:  favour.  Sevcial  women  and  children  were  alfo 
releafed  ar  the  defire  of  captain  Glen,  to  whom  the  French 
offered  no  violence;  the  ofticer  declaring  he  had  ftridt  or- 
ders p.gainfl  it,  on  the  fcore  of  his  wife's  civihties  to  cer- 
tain French  captives,  in  the  time  of  colonel  Dongan. 

The  Mohawks,  condderingthe  cajoling  arts  of  the  French, 
and  that  the  Caghnuagas  who  v/c:e  with  them,  were  once 
a  part  of  their  own  body,  behaved  as  well  as  could  be  rea- 
fonably  exped;ed.  They  joined  a  party  of  youn^  men  from 
Albany,  fell  upon  the  rear  of  the  enemy,  and  either  killed 
or  captivated  five  and  twenty.  Several  fachems,  in  th^ 
mean  time,  came  to  Albany,  and  very  aftecftingly  addrefled 
fhe  inhabitants,  who  were  juft  ready  to  abandon  the  couti 


OF    NEW- YORK, 


try  i  urging  their  ftay,  and  exciting  a  union  of  all  the  Eng- 
liih  colonies  againft  Canada.  Theii-  fentiments  concerning 
the  French  appear  from  the  following  fpeecli  of  condo- 
lence. "  BrcLh  en,  we  do  not  tliink,  tliat  what  the  French 
have  done  can  be  called  a  vic'tory :  it  is  only  a  farther  proof 
of  their  cruel  deceit  :  the  governor  of  Canada  fent  to 
Onondaga,  and  talks  to  us  of  peace  with  our  whole  honfe  ; 
but  war  was  m  his  heart,  as  you  now  fee  by  woful  experi- 
ence. He  did  the  fame,  formerly,  at  Cadaraqui,  and  in  the 
Seneca's  country.  This  is  the  third  time  he  has  acted  fo  de- 
ceitfully. Ke  has  broken  open  our  houfe,  at  both  ends  ; 
formerly  in  the  Seneca's  country,  and  now  here.  We  hope 
however  to  be  revenged  of  them." 

Agreeable  to  this  declaration,  the  Indians  fbon  after 
treated  the  chevalier  d'Eau  and  the  reft  of  the  b  renchmef- 
fengers,  who  came  to  conclude  the  peace  propofed  by 
Taweraket,  with  the  utmoft  indignity  ;  and  afterwards 
delivered  them  up  to  the  Engliili.  ±>efidcs  this,  their  fcours. 
ha:  railed  the  borders  of  the  enemy,  and  fell  upon  a  party 
of  French  and  Indians,  in  the  river,  about  one  hundred  and 
trsventy  miles  above  Montreal,  under  the  command  of  Lou- 
vigni,  a  captain  who  was  going  to  MiHilimakinac,  to  pre- 
vent the  conclufion  of  the  peace,  betw^een  t]ie  Utawawas 
and  Q^uatoghies,  with  the  five  nations.  The  lofs  in  this 
ikirmlfh  was  nearly  equal  on  both  fides.  One  of  our  prilbn- 
ers  was  delivered  to  the  Uta^\awas,  who  ate  liim.  In  re- 
venge for  this  barbarity,  the  Indians  attacked  the  iflaiid  of 
Montreal  at  Trembling  Point,  and  killed  an  ollicer  and 
twelve  men  ;  while  another  party  carried  off  about  fifteen 
]^  iibners  taken  at  Riviere  Puante,  whom  they  afterv.  ards 
^w,  through  fear  of  their  purfuers ;  and  others  burnt  the 
1  -ench  plantadons  at  St.  ^-Eurs.  But  what  rendered  this 
year  mcft  remarkable,  was  the  expedition  of  lir  William 
Phips  againft  Quebec.  He  failed  up  the  river  widia  fleet  of 
thlrty-tv/o  fail,  and  came  before  the  city  in  October.  Had 
he  improved  liis  time  and  ftrength,  the  conqueft  would  have 
been  eafy  ;  but  by  fpending  three  days  in  idle  confal rations, 
the  French  governor  brought  in  his  forces,  and  entertained 
fuch  a  mean  opinion  of  the  Englijii  knight,  that  he  not 
only  defpifed  his  fummons  to  furrendcr,  but  fent  a  verbal 
anfwer,  in  which  he  called  king  William  an  ufurper,  and 
poured  the  utmoft  contempt  upon  his  fubjec^tF.  The  nief- 
ienger,  who  carried  the  fiinimons,  infifted  upon  a  written 
anfwer,  and  that  within  an  hour  ;  but  the  count  ds 
Frontenac  abfolutely  refnfed  it,  adding,     FU  anfwer  your 
mafter  by  the  moatii  of  rny  cannon,  that  he  may  learn  that 
a  man  of  my  condition  is  not  to  be  fummcncd  in  this  mai^- 


§4  T  H  E  H  I  S  T  O  k  Ic. 

Tier."  Upon  this,  fir  William  made  two  attempts  to  laTirl 
below  the  town,  but  was  repaired  by  the  cnciKy,  witli  ton- 
liderablc  lofs  of  men,  cannon  and  laj^i^agc.  beveral  of  the 
lliips  aifb  cannonaded  rlie  ciLy,  but  without  any  fuccefs.  The 
fores  at  ihc  fame  time  icLurned  the  fire  and  obliged  them  to 
retire  in  diforJer.  The  F/cnch  writers,  in  their  accounts  of 
this  expedition,  univci-rally  ccnlure  the  condudt  of  fir 
William,  thougli  they  conncfs  the  valour  of  his  troopi.  1-a 
Hontan,  who  was  then  at  Quel>ec,  lays,  he  could  not  have 
a<?Lcd  in  a  manner  more  a<jreeabie  to  the  French,  if  he  had 
been  in  their  interefl*. 


♦  Dr.  Colden  fi^ppofes  this  attack  was  made  upon  Qy\c- 
bec,  in  1691,  but  \ic  Is  certainly  n  il laken  ;  lee  life  ot  fir 
>ViIliam  Phips,  publifheil  at  Loudon  hi  1697, — Oldinixon's 
Brit.  Empire, — and  Charlevoix. 

Amon^  the  caufes  of  the  ill  fuccefs  of  the  fleet,  the  author 
Df  thelile  of  fir  William  Phips,  mentions  the  negledt  of 
the  conjoined  troops  of  New-York,  Conncdticut,  and  the 
Indians,  to  attack  Montreal,  according  to  the  original  plan 
of  operations.  He  tells  us,  that  they  marched  to  the  lake, 
but  thei  e  Ibund  themfelves  unprovided  with  bT>tteaux,  and 
that  the  Indians  were  dilluadcd  from  the  attempt.  By  what 
au  lio'  ity  tlielc  aUeitions  may  be  fiipported,  I  knov/  not. 
Charlevoix  fays,  our  army  was  difappointed  in  the  intended 
divcifion,  by  the  {inall-pox,  which  fcized  the  camp,  killed 
three  hundred  men,  suid  terrified  our  Indian  allies. 


T  H 


HISTORY  OF  NEW-YORK- 


PART  ill. 


From  the  revolution  to  the  fecond  expedition  againjl  Canada^ 


WHILE  our  allies  were  faithfully  exerting  themfelves 
agaiuft  the  common  enemy,  colonel  Henry  Slough- 
ter,  who  had  a  commiffion  to  be  governor  of  this  province, 
dated  4th  of  January,  1689,  arrived  here,  andpubliihed  it 
on  the  19th  or  March,  1691.  Never  was  a  governor  mor© 
neceflary  to  the  province,  than  at  this  critical  conjuntfture ; 
as  well  for  reconciling  a  divided  people,  as  for  defending 
them  againft  the  wiles  of  a  cunning  adverfa*y.  But,  either 
through  the  hurry  of  the  king's  affairs,  or  the  powerful  in- 
tereft  of  a  favourite,  a  man  was  fent  over,  utterly  deftitute 
of  every  qualification  for  government,  licentious  in  his  mo- 
rals, avaricious,  and  poor.  The  council  prefent  at  his  arri- 
val were 

Jofeph  Dudley,  Chudley  Brook, 

Frederick  Philipfe,  Thomas  Willet, 

Stephen  Van  Courtlandt,  William  Pinhorne. 
Gabriel  Mienvielle, 
If  Leifler  had  delivered  the  garrifon  to  colonel  Slough- 
ter,  as  he  ought  to  have  done,  upon  his  firft  landing,  be- 
fides  extinguifhing,  in  a  great  degree,  the  animofities  then 
fhbfifling,  he  would,  doubtlefs,  have  attratfted  the  favoura- 
ble notice,  both  of  the  governor  and  the  crown.  But  being 
a  weak  man,  he  was  fo  intoxicated  with  the  love  of  power, 
that,  though  he  had  been  well  informed  of  Sloughter's  ap- 
pointment to  the  government,  he  not  only  iliut  himfelf  up 

M 


tHE  HISTORY 


i:i  tlie  fort  ^vith  Bayard  and  Nichols,  whom  he  had,  before 
that  time,  iinprifoiied,. but  refufed  to  dehvcr  thtm  up,  or 
to  farreiuler  the  garrifim.  From  this  nicineii  ,  he  lolt  all 
cretlic  with  tiie  governor,  v/ho  joined  the  other  ^rarty 
againft  him.  On  the  fecoiul  demand  ot  the  fort,  Mili)orne 
and  Dtlanoy  c:;me  out,  iindcr  pretence  of  confemiig  with 
his  excellency,  but  in  reality  to  difcoter  his  deligns.  Siough- 
ter,  who  conficlered  them  as  rcl>els,  threw  them  both  into 
goal.  Lciller,  upon  this  event,  thought  proper  to  abandon 
the  fort,  which  colonel  hloughtcr  immediately  entered. 
Bayard  and  Nichols  were  now  releafed  from  their  confuic- 
nicnt,  and  fworn  of  the  privy  council.  Leiller  having  tiius 
mined  his  caiife,  was  apprehe:\ded  with  many  of  his  adhc- 
rtnis,  and  a  commilhon  ot'  oyer  alul  terminer  illucd  to  fir 
Thouras  Kobinfon,  colonel  ^miih,  and  others,  for  their 
ti ials. 

In  vain  did  they  plead  the  merit  of  their  zeal  for  king 
William,  fnicc  they  had  fo  lately  oppolcd  ids  governor. 
Leiller,  in  pariicular,  endeavoiycd  to  juitify  his  conduct, 
infilling,  that  lord  Nottingham's  letter  entitled  him  to  ac^c 
i:j  the  quality  of  licuieiiant-governor.  Whether  it  was 
througli  ignoiance  or  lycophancy,  1  know  not:  but  the 
judges,  Inilead  of  jjronounciij;^  their  own  fentiments  upon 
this  part  of  the  prifoner's  del'ence,  referred  it  to  the  go- 
vernor and  council,  praying  their  opinion,  whether  that 
letter  *^  or  any  other  letters,  or  papers,  in  the  packet  from 
V/hiie  hall,  can  be  undei  ltood,  or  interpreted,  to  be  and 
contain,  any  power,  or  direction  to  captain  Leiller,  to  take 
the  government  of  this  province  upon  himfelf,  or  that  the 
adn^ir.ill.ation  thereupon  be  holden  good  inlaw."  The  an- 
fwer  was,  as  micrht  have  been  expected,  in  the  negative  ; 
and  Leiller  and  hi;  fon  we)  e  condemned  to  death  for  high 
rrcalon.  Thefe  violent  meafares  diove  many  of  the  inhabi- 
tants, who  were  feariul  cf  being  apprehended  into  the 
Jiei^iibouring  cclonici,  which  Ihortly  alter  occafioned  the 
pal:ingan  act  of  genernl  indemnity. 

From  the  farrender  of  tlie  province,  to  the  year  i6?^,  the 
inhabitants  were  ruled  by  the  duke's  governors  and  their 
councils,  who,  from  tiiue'to  time,  made  rules  and  orders, 
Wi  ich  were  cileemed  to  be  binding  as  laws.  Thefe,  about 
the  year  1^174,  weie  regularly  coliecl:ed  under  alphabetical 
titles  ;  and  a  fair  copy  of  them  '  emains,  among  our  records, 
to  this  day.  They  a  e  commonly  known  by  tlie  name  of 
the  duke's  laws.  The  title  page  cf  the  book,  written  in  the 
old  court  iiaiid,  is  in  tiieie  bald  woids, 


©  F    N  E  W-Y  O  R  K. 


JUS 

NOV.?:  EBORAC£NSIS; 
V  E  L, 

LEGES  ILLUSTRISSIMO  PRINCIPE  JACOBI  DUCE 
EBORACI  ET  A  L  B  A  N  etc. 
INSTITUT.^:  ET  ORDINATE., 
AD  OBSERVANDUM  IN   TERB_ITO?JIS  AMERICA; 
TRANSCRIPTS, 
ANNO  DOMINI 
M.DC.LXXIV. 
Thofe  ac^s,  which  \vere  made  in  i6S:^  and  after  the 
duke's  accciiion  to  the  throne,  v*  hcn  the  people -u'ere  ad- 
niicted  to  a  participation  of  the  legifiative  power,  are  for 
the  moft  part  rotten,  defaced^  or  loft.  Few  minntcs  relat- 
ing to  them  remain  on  the  council  books,  and  none  in  the 
journals  of  the  houfe. 

As  this  aflembly,  in  169T,  was  the  firft  after  the  revolu- 
tion, it  may  not  be  improper  to  take  fonie  particular  notice 
of  its  tranfac^tions*. 

It  bejran  the  9th  of  April,  according;  to  the  writs  of  funi- 
mons  iii'ied  on  the  20th  of  March  preceding.  The  jonrnal  of 
the  houfe  opens  with  a  lift  of  the  members  returned  by  the 
fherifts. 

City  and  cnunry  of  New-York.       County  of  Richmond. 
James  Graham,  Elias  Dukelbury, 

William  Mcrrett,  Jol^-^  Dally, 

Jacobus  Van  Courtlandt,  County  of  Weft-Chefter. 
Johannes  Kipp.  J^^^^^  Veil. 

City  and  county  of  Albany.  Conaty  of  ^MifFolk. 

Derrick  Weflels,  Henry  Pie;  fon, 

Levinus  Van  Scayck,  Mathew  ^!o^vell, 

Ulfter  and  Duchefs  county,  Queen's  county. 

Henry  Beckman,  John  Bound, 

Thomas  Garton.  Nathaaiel  Percall. 

King's  county. 

Nicholas  StiUwell, 
John  Poland. 

The  members  for  Queen's  co-.tnty,  being  quakers,  were 
iiftenvards  difniiiTed,  for  rcfiifing  the  oaths  directed  by  the 
governor's  commiffion  ;  but  all  the  reft  were  qualified  be- 
fore two  commlflioncrs  appointed  for  that  piirpofe. 

*  All  laws  made  here,  antecedent  to  this  period,  are  dif- 
regard  both  by  the  legidature  and  tlie  courts  of  law.  In  the 
colleAion  of  our  tl^zs  publluied  in  1752,  the  compilers  were 
directed  to  begin  at  this  aiiembly.  The  validity  of  the  ol4 
grants  of  the  powers  of  government,  in  feveral  American 
^plpnies,  is  very  much  doubted  in  this  province. 


88 


THE  HISTORY 


James  Graham  was  elc(fted  their  fpeaker,  and  approved 
by  the  governor. 

The  majority  of  the  members  of  this  ailembly  were  a- 
gainfl:  the  mealiires,  which  Lciiler  purfued  in  the  latter  part 
of  his  time  ;  and  hence  we  find  the  houfc,  after  confulcr- 
ing  a  petition  figned  by  fundry  pcrfons  againlt  Leiiler,  un- 
animoiilly  relblved,  that  his  diilblving  the  late  convention, 
and  iinprifonino;  fcveral  perfons,  was  tumultuous,  illegal, 
and  againfl  tlieir  majeitics'  right,  and  thai  the  late  depre- 
dations on  Schenectady,  were  to  be  attributed  to  his  ul'ur- 
pation  of  all  power. 

They  reiblved  againft  the  late  forcible  feizures  made  of 
cfFecfts  of  tile  people,  and  againlt  the  levying  of  money  on 
their  majelties'  lubjecfis.  And  as  to  Leiller's  holding  tlic  fort 
againll  the  governor,  it  was  voted  to  be  an  act  of  rebellion. 

The  houfe  having,  by  tlicfc  a(>;recable  refolves,  prepared 
the  way  of  their  accels  to  the  governor,  addrcfled  him  in 
thcfe  words. 

**  May  it  pleafe  your  excellency. 

We,  their  majefties'  molt  dutif  ul  and  loyal  fubjecfts,  con- 
vened, by  their  majefties'  moft  gracious  favour,  in  general 
afl'embly,  in  this  province,  do,  in  all  moll  humble  manner, 
heartily  congratulate  your  excellency,  that  as,  in  our  hearts, 
we  do  abho.*  and  dctell  all  the  rebellious,  arbiti'ary,  and  il- 
legal proceeding*  of  the  late  ufurpers  of  their  majefties'  au- 
thority, over  this  province,  fo  we  do,  from  the  bottom  of 
our  hearts,  with  all  integrity,  acknowledge  and  declare, 
that  there  are  none,  that  can  or  ought  to  have  right  to  rule 
and  govern  their  majellies'  fubjects  here,  but  by  their  ma- 
jellies'  authority,  which  is  now  placed  in  your  excellency  : 
and  therefore  we  do  folenmly  declare,  that  we  will,  with 
our  lives  and  fortunes,  fupport  and  maintain  the  admmif- 
trationof your  excellency's  government,  under  their  majef- 
ties, againft  all  their  majelties'  enemies  whatfoever  :  and 
this  we  humbly  pray  your  excellency  to  accepr,  as  the  fin- 
cere  acknowledgment  of  all  their  majefties'  good  fubjecfts, 
within  this  their  province  ;  praying  for  their  majefties'  long 
and  happy  reign  over  us,  and  that  your  excellency  may  long 
live  and  rule,  as  according  to  their  majefties'  moft  excel- 
lent'■onftitution  of  p-evernine  their  fubjec'ts  by  a  g^emeral 
aflbmbly."    _  ^  ^  .         ^  ^ 

Before  this  houfe  proceeded  to  pafs  any  acfts,  they  unani;- 
moufly  refolved  :  That  all  the  laws  confented  to  by  the 
genei-al  aflembly,  under  James  duke  of  York,  and  the  liber- 
ties and  privileges  therein  contained,  granted  to  the  people, 
and  declared  to  ho  their  rights,  not  being  obferved,  nor 
ratified  and  approved  by  his  royal  highnefs,  nor  the  late 


O  F   N  K  W-Y  O  R  K. 


Jting,  are  null  and  void,  and  of  none  efFect  ;  and  alfo, 
the  leveral  ordinances^  made  by  the  laie  governors  and 
councils,  being  contrary  to  the  coiiftitiition  ot  England,  and 
the  practice  of  the  government  of  their  majeitie*'  other 
plantations  in  Ameiica,  are  like  wife  nuU  and  void,  and  of 
no  effect,  nor  force,  within  this  province." 

Among  the  piincipal  laws  enacted  at  this  feilion,  we  may 
mention  that  for  eilabliihing  the  revenue,  which  was  drawn 
into  precedent.  The  liims  raifed  by  it,  were  made  pa}  able 
into  the  hands  of  the  receiver-general,  and  ilTued  by  the 
governor's  warrant.  By  this  means  the  governor  became, 
tor  a  feafon,  independent  of  the  people  ;  and  hence  we  lind 
freq[uent  iiiltances  of  the  aflemblies  contendhig  with  him 
for  the  difcharge  of  debts  to  piivate  psrfons,  contracted  on 
the  faith  of  the  government. 

Antecedent  to  the  revolution,  innumerable  were  the  con- 
troverfies  relating  to  public  tov.  nlhips  and  private  rights  ; 
and  hence,  an  act  w  as  now  pafled,  for  the  confirmation  of  an- 
cient patents  and  gi  ants,  inrended  to  put  an  end  to  thofe  de- 
bates. A  law  was  alfo  pafled  for  the  eitabiilhment  of  courts  of 
jufticejtho'  a  perpetual  acl:  had  been  made  to  thatpurpofein 
1 68 3, and  the  old  court  of  afiize  entirely  dillblved  in  1684.  As 
this  enacted  in  1691,  was  a  ten-poiary  law,  it  may  hereafter 
bedilputed,  as  it  has  been  already,  whetherthe  prefent  efla- 
biifliment  of  our  courts,  for  general  jurifdj<5tion,  by  an  or- 
dinance, can  confill  even  w  ith  the  preceding  a6l,  or  the 
general  rules  of  law.  Upon  the  erection  of  the  fr.preme 
court,  a  chief  jufiice^,  and  four  ailiilant  judges,  with  an  at- 
torney general,  were  appointed.  The  chief  j allice,  Jofcph 
Dudley,  had  a  falary  of  igcl.  per  annum  :  Johnfon,  the  fc- 
cond  judge,  lool.  and  both  were  payable  outoftiie  revenue  : 
but  William  Smith,  Steplien  Van  Courtlandt,  and  William 
Pinhorne,  the  other  judges,  and  Newton,  the  attorney-gen- 
er?J,  had  nothing  allowed  for  their  fer\-ices. 

It  has,  more  than  once,  beena  fubjecl  of  animated  debate, 
whether  the  people,  in  this  colony,  have  a  right  to  be  re- 
prefented  in  aflembly,  or  whether  it  be  a  privilege  enjoyed, 
thro'  the  grace  of  the  crown.  A  memorable  aCl,  pafled  this 
feflion,  virtually  declared  in  favour  of  the  former  opinion, 
upon  that,  and  feveval  other  of  the  principal  and  diftiiji- 
guifliing  liberties  of  Engliflimen.  It  muft,  neverthelefs,  be 
confefled,  that  king  William  was  afterwards  pleafed  to  re- 
peal that  law,  in  the  year  1697*. 


*  It  was  entitled,  <^  An  act  declaring  what  are  the  rights 
and  privileges  of  their  majefties'  fubjeifc^,  inhabiting  within 
their  province  of  New-York." 


T  H  K  HISTORY 


Colonel  Slonghtcr  propofed,  immediately  after  the  fcf- 
fion,  to  fet  out  to  Albany  ;  but  as  Leiller's  pany  we^e  en- 
raged at  his  iinprifonment,  and  the  late  fentence  ai^ainll 
lii  n,  his  enemies  \vc*re  afrayl  new  troubles  would  ipriug  up 
in  the  abLacj  of  tlie  )»;overnor  ;  for  this  rcafon,  both  tiie 
aflcrnhly  and  coiincil  advifed  that  the  prifoncrs  flioald  be 
immediately  executed.  Slouirhtcr,  \\\\n  had  no  inclination 
to  favour  tiiem  in  this  requeft,  chofe  raiher  to  delay  fucli 
a  vioic;U  lien,  being  I'earful  ofcuttinc^  off  rwo  men,  who 
had  vigoroull/  appeared  for  the  king,  :;:  d  lo  fignally  con- 
tributed to  the  revL-luii^jn.  Kothir.g  conic!  be  more  dilaf,rcc- 
nble  to  their  enemies,  v  hofe  inte  cft  vas  deeply  concerned 
in  their  deftruc^tion.  And  therefore,  when  no  other  me:\- 
fures  roul  I  p  cvail  wi'h  the  governor,  tiadiiion  informs  rs, 
that  a  fiin  piuous  fc;dl  was  picparcd,  10  whicli  color.cl 
MlouL^htcr  was  ijivitc  1.  When  his  excellency's  reafbn  wjs 
diowucil  in  liis  cups,  the  intrca  ies  of  the  company  pre- 
^•ailcd  with  hhn  to  fign  the  death  warrant,  and,  before  he 
jeroveredhis  fenfes,  the  p  -iQ)nei s  wei  e  executed.  Leiflei's 
fon  afterwards  carried  home  a  complaint  to  king  William, 
againlt  the  governor.  His  prti'.ion  was  referred,  according 
to  the  comiv.tMi  courfe  of  plantation  affaii  s,  to  the  lords  com- 
iniiiioneis  of  irade,  who,  after  hearing  the  whole  matter, 
reported  on  the  iithof  Marrh  1^92,  "l  hat  they  were  hum- 
bly of  opinion,  that  Jacob  Leifler  and  Jacob  Alilborne  de- 
ceafed,  were  condemned  and  had  fuffered  according  to  law.'* 
Their  lord  (hips,  however,  interceded  for  their  families, 
as  fit  objec^rs  of  mercy  :  and  this  induced  queen  Mary, 
who  approved  the  report,  on  the  i  yrh  of  March,  to  de- 
cla  e,  *'  That  upon  the  Immble  application  of  the  relations 
of '^he  faid  Tacob  Leifler  and  Jacob  Milbome  deceafed,  her 
majelly  will  order  the  elVates  of  |acob  Leifler  and  Jacob  Mil- 
bo  nie,  to  be  relioved  to  their  families,  as  ob  jects  of  her  ma- 
Jefty's  mercy."  The  bodies  of  thefe  unhappy  frfrcrcrs  we-c 
afterwards  taken  up  and  interred,  with  great  pomp,  in  the 
old  Dutch  church,  in  the  city  of  New-York.  Their  eftates 
were  re  Ilo  red  to  their  families;  and  Leifler's  children,  in 
the  p'.ibiin  eftimat ion,  are  rather  dignified,  tiian  difgi  accd, 
by  the  fall  of  their  anceftor. 

Thefe  did.  adions,  in  the  province,  fo  entirely  engi-offed 
the  public  atcention,  that  our  Indian  allies,  who  had  been 
left  folely  to  contend  with  the  common  enemy,  g"ew^  ex- 
tremely difaffeL^ed.  The  Mohawks,  in  particular,  highly 
refented  this  cond  uct,  and,  at  the  inftance  of  the  Caghnu- 
ajraes,  fent  a  meflenger  to  Canada,  to  confer  with  count 
Fronrenac  about  a  peace.  To  p  event  this,  colonel  Slough- 
ter  had  an  interview  at  Albany,  in  Jiuie^  with  tlie  other 


OF    NEW  -  YORK. 


^ur  nations,  who  exprefl'ed  their  joy  at  feeing  a  governor 
again  in  that  place.  They  told  him,  that  their  aiiceiloi  s,  as 
they  had  been  informed,  were  greatly  fuipi  iled  at  the  ar- 
rival of  the  firll  Ihip  in  that  coantry,  and  were  curious  to 
know  what  was  in  its  huge  belly.  That  they  found  chriltians 
in  it,  and  one  Jacques,  with  whom  they  made  a  chain  of 
fiiendftiip,  which  they  had  preferved  to  tiiis  day.  All  the 
Indians,  except  the  Mohawks,  aflUred  the  governor  at  this 
meeting,  of  their  refolution  to  profecute  the  war.  The  Mo- 
hawks confciled  their  negociations  with  the  French,  that 
they  had  received  a  belt  from  Canada,  and  prayed  the  ad- 
vice of  the  governor,  and  afterwards  renewed  their  league 
wiih  all  our  colonies. 

Sloughter  foon  after  returned  to  New-York,  and  ended 
afhort,  weak,  and  tui  bulent  adminiltraiion  ;  for  he  died 
fiiddenly  on  the  of  July  1691.  Some  weie  not  without 
lufpicions,  that  he  came  unfairly  to  his  er  d  :  but  the  cer- 
titicate  of  the  pbyfijianand  firgeons  who  opened  his  body, 
by  an  order  of  council,  confuted  tl  efe  conjectures;  and 
his  remains  were  interred  in  S:uyvefant's  vault,nexL  to  tliofe 
of  the  old  Dutch  governor. 

At  the  time  of  bloughter's  deceafe,  the  government  de- 
volved,  according  to  the  late  ac5l  for  declaring  the  rights  of 
the  people  of  this  province,  on  the  council,  in  which  Jo- 
fepli  Dudley  had  aright  to  preiide  :  bi:t  they  committed  the 
ciiief  command  to  Bichard  IngoUby,  a  captain  of  an  mde- 
pendent  company,  who  was  fwoni  into  the  office  of  piefi- 
dent  on  the  the  26th  of  July  1698.  Dudley,  foon  afterwards, 
returned  to  this  province,  from  Bofton,  but  did  not  think 
p.  oper  to  dirpute  IngoUby 's  authority,  though  the  latter 
had  no  title,  nor  the  gr  eateit  abilities  for  government,  and 
was  befi  les  obnoxious  to  the  p  rty  who  had  joined  Leifler, 
having  been  an  agent  in  the  meafurcs  which  accomplilhed 
his  ruin.  To  the  late  troubles,  which  were  then  recent, 
and  the  agreement  fubfifthig  between  the  council  and  af- 
feinbly  we  m  ift  afcribe  it,  that  the  former  tacitly  acknow- 
ledged luffollby's  right  to  the  prefident's  chair ;  for  they 
concurred  with  him,"  in  palling  feveral  laws,  in  autumn  and 
the  fpi  ing  following,  the  validity  of  which  have  never  yet 
been  difputed. 

Thisfummer,  mayor  Schuyler*,  with  a  party  ofMoha"wks, 


*  TheFiench,  from  his  great  influence  at  Albany,  and 
a-flivity  among  ihe  Ind'.nis,  concluded  that  he  was  gover- 
nor of  that  city  i  and  hence,  their  biilorians  honour  him 


•0 


THE    H  f  S  T  O  R  Y 


parted  through  the  lakeChamplain,  and  made  a  bold  imip- 
tion  upon  the  French  fcttlemeiits,  at  the  north  end  of  it.f 
De  Callieres,  the  governor  of  Montreal,  to  oppofc  him, 
colleclcd  a  fmall  army,  of  eight  hundred  men,  and  encamp- 
ed at  la  Frairie.  Schuyler  had  feveral  conflic*^ts  wlih  the 
enemy,  and  Hew  about  three  iiundred  of  them,  which  ex- 
ceeded in  number  his  whole  party.  The  French,  afhamed 
of  their  ill  fuccefs,  attribute  it  to  the  want  of  order,  too 
many  dcTiring  to  have  the  command.  But  the  true  caufe 
■was,  the  ignoranc  e  of  their  officers  in  the  Indian  manner  of 
fighting.  They  kept  their  men  in  a  body,  while  ours  polted 
thcmfclves  behind  trees,  hidden  from  tiie  enemy.  Major 
Schuylei 's  defign,  in  this  dcfcent,  was  to  animate  the  Indi- 
ans, and  prefcrve  their  enmity  with  the  French.  They, 
accordingly,  continued  their  hoftilities  agaiult  them,  and, 
by  frequent  incnrfions,  kept  the  country  in  conllanc 
ajann. 

In  the  midft:  of  thefe  diftrefles,  the  French  governor  pre- 
ferved  his  fpri^htHnefs  and  vigour,  animating  every  body 
about  him.  After  he  had  fcrved  himfelf  of  the  Utawawas, 
tvho  came  to  ti-ade  at  "Montreal,  he  fent  them  home  under 
the  care  of  a  captiiin  and  one  hundred  and  ten  men  ;  and  to 
fccure  their  attachment  to  the  r  rench  inierefl:,  gave  them 
two  Indian  prifoners,  and,  befides,  fent  very  -pnliderable 
prcfcnts  to  the  wellcrn  Inclians,  in  their  alliance.  The  cap- 
tives were  afterwards  burnt.  The  five  nations,  in  the  mean 
time,  grew  more  a  i  l  more  incen fed,  and  coiitinually  har- 
raficd  the  Frencli  borders.  Mr.  Bcaucour,  a  young  gentle- 
man, in  the  followin.^  winler,  marched  a  body  of  about 
three  hunvdrcd  men  to  attack  them  at  the  iRhmus,  at  Niaga- 
ra. Incredible  were  the  fatigues  they  undei-wentin  this  long 
march  over  the  iiiow,  bearing  their  provifions  on  their 
barks.  Eighty  men,  of  the  five  nations,  oppofed  the  French 
party,  and  bravely  maintained  their  ground,  till  moft  of 
them  were  cut  off.  In  retuni  for  which,  the  confederates, 
in  fmall  parties,  obilrucrted  the  paflage  of  the  French 
through  lake  Ontario,  and  the  river  iflUing  out  of  it,  and 


Nvith  that  tiilc,  though  lie  was  then  only  mayor  of  the  cor- 
poration. ^'  Pierre  Schuyler  (fays  Charlevoix)  ttoit  un  fort 
honnste  hovivic.'*  '  . 

t  Dr.  Colden  relates  it  as  a  tranfaction  of  the  year  1691, 
w  hich  is  true  :  but  he  fuppofes  it  was  before  fir  William 
Phips's  attack  upon  Quebec,  and  thus  falls  into  an  anachrcn-  t 
ifm  of  a  whole  yeai-,  as  I  have  ah  eady  obferved. 


F   N  E  W-Y  O  R.  K; 


tmt  ofF  their  communicarion  with  the  weftern  Indians.  An. 
Indian,  called  Black  Kettle,  commanded  in  thefe  incurfions 
of  the  five  nations,  and  his  faccelles,  wliich  continued  the 
whole  fummer,  fo  exalperated  the  connt,  that  he  ordered 
an  Indian  prilbner  to  be  burnt  alive.  The  braver^'  of  this 
lavage  was  as  extraordinary,  as  the  torments  infiicled  on  him 
were  cruel.  Ke  fang  his  military  achievements  without  in- 
terruption, even  while  his  bloody  executioners  pratftifcd 
all  poffible  barbarities.  They  broiled  his  feet,  thrull:  liis 
fingers  into  red  hot  pipes,  cut  his  joints,  and  twiftcd  the 
finews  with  bars  of  iron.  After  this  his  Icalp  was  ripped  off, 
and  hot  fand  poured  on  the  wound. 

In  June  1692,  captain  Ingoliby  met  the  five  nations,  at 
Albany,  and  encouraged  them  to  perfevere  in  the  war.  The 
Indians, declared  their  enmity  to  the  French,  in  the  ftrong- 
eft  terms,  and  as  heartily  profefled  their  friendfhip  to  us^ 

Brother  Corlear,"  faid  the  (achem,  we  are  all  lubjetfts 
of  one  great  king  and  queen  :  we  have  one  head,  one 
heart,  one  intereft,  and  are  all  engaged  in  the  fame  war." 
The  Indians,  at  the  fame  time,  did  not  forget,  at  this  in-* 
terview,  to  condenni  the  inac'tivity  of  the  Englifh,  telling 
them,  that  the  deftruClion  of  Canada  would  not  make  on© 
fummer's  work,  againft  their  united  ftrength,  if  \-igorouf- 
ly  exerted. 

Colonel  Benjamin  Fletcher  aiTived  with  acommillion  to 
be  governor,  on  the  29th  of  Auguft,  1692,  which  was  pub- 
liHied  the  next  day,  before  the  following  members,  in 
council : 

Frederick  Philipfe,  Chudley  Brooke, 

Stephen  Van  Courtlandt,  William  Nicoll, 
Nicholas  Bayard,  Thomas  Willet, 

Gabriel  Mienvielle,  Thomas  Johnfton. 

William  Pinhome,  one  of  that  board,  beins;  a  non-refi- 
dent,  was  refufcd  the  oaths  ;  and  Jofeph  Dudley,  for  the 
fame  reafon,  removed,  both  from  his  feat  in  council,  and 
liis  office  of  chief  julHce.  Caleb  Heathcote  and  John  Young 
fucceecled  them  in  council :  and  William  Smith  was  feated, 
in  Dudley's  place,  on  the  bench. 

Colonel  Fletcher  brought  over  with  him  a  prefent  to  the 
.colony,  of  arms,  ammunition,  and  warlike  ftores  ;  in  grati- 
tude jfor  which,  he  exhorted  the  council  and  allcmbly,  who 
W'ere  fitting  at  his  arrival,  to  fend  home  an  addrefs  of* 
thanks  to  the  king.  It  confifts,  principally,  of  a  reprefenta- 
tion  of  the  great  expenfe  the  province  was  continually  at 
to  defend  the  frontiers,  and  praying  his  majefly's  direction, 
that  the  neighbouring  colonies  might  be  compelled  to  join 
their  aid,  for  the  fiipport  of  Albany.  The  following  paf- 

N 


-THE  HISTORY 


fage  m  it  (hows  the  fcnfc  of  the  kgiftature,  upon  a  niJltt«» 

which  has  fmcc  been  vc-y  much  debated.  *'  When  thele 
coTintrics  were  pollelledby  the  Dutch  Welt-India  company^ 
they  always  had  p-erenccs  (and  liad  the  nioltpait  of  it  with- 
in rlich*  atlual  j  a- ifvliccion)  to  all  that  tract  of  land  (with  the 
iliands  adjaccnr)  exieiulinjr,  from  the  weft:  (idc  of  Coiine<*ti- 
t;  ic  river,  to  tli?  lands  inf^  on  the  welb  hde  of  Delaware 
hxy,  ^  a  fuiiablc  portion  of  land  for  one  colony  or  govern- 
ment ;  all  waich,  including  the  lands  on  the  welt  of  Delu- 
irvarc  bay  or  river,  were  in  the  duke  of  York's  grant,  from 
his  iiiajelly  kiug  Charles  the  fecond.  whofe  governors  aUo 
pu(lcilc?J  thofc  lands  on  the  welt  liJc  of  Delaware  bay  or 
river.  By  feveral  grants,  as  well  fio!n  the  crown,  as  from 
the  duke,  the  faid  province  has  been  fo  diniiniftved,  that  it 
Is  now  ticcreafjd  to  a  very  few  towns  and  villages  ;  the 
minibcr  of  men  fic  to  bear  arms,  in  the  whole  government, 
hot  amounting  to  3000,  whoa  e  all  reduced  to  great  po- 
verty." 

Fletcher  was  by  p^-ofefiion  a  foldier,  a  man  of  (t'-ong  paf- 
fion?,  and  inconti  lerable  talents,  very  a(ftive,  and  e*|ually 
avaricious.  Norliing  could  be  mo  e  fo-  tunatc  to  him,  than 
bis  early  acq  lainrance  with  major  Schuyler,  at  Albany,  at 
the  treaty,  for  confii-mation  of  the  Indian  alliance,  the  fall 
after  his  a -rival.  No  man,  then  in  this  p  ovince,  underftood 
the  Itatc  of  our  affairs  with  the  five  naiions  better  thanma- 
jvor  Schuyler.  I^e  had  fo  great  an  inlhience  over  them,  that 
whatever  Qiii^ler*,  as  they  called  him,  recommended  or 
difappvoved,  had  the  force  of  a  law.  This  power  over  them 
vas  fupported,  as  it  had  been  ob  aiiied,  by  repea'ed  olRccs 
of  kinduefs,  and  his  lingular  bravery  and  activity-  in  the 
defence  of  h's  country.  Thefe  qnalifKratlons  rendered  him 
fii  gulaily  ferviceable  and  necellary,  both  to  the  province 
and  the  govevnor.  for  this  reafon,  Fletcher  took  him  in- 
to his  confi  leuce,  and,  on  the  2  5tli  of  October,  raifed  hira 
to  the  council  board.  Under  the  tutelage  of  major  Schuy- 
ler, the  governor  became  daily  more  and  more  acquainted 
with  our  Ind'^.n  affairs  ;  his  conftant  application  to  which, 
p  ocured  and  ii'-eferved  him  a  reputation  and  influence  in 
the  colony.  Without  this  knowledge,  and  which  was  all 
t'lar  he  had  to  dillin^  liih  h'mfelf,  his  incefliut  folicitation* 
for  money  his  pailionare  temper  and  bigot.ed  principles, 
m  lit  neceliarily  have  rendered  him  obnoxious  to  the  peo- 
^1  ,  a.id  kindled  a  hot  fire  of  contention  in  the  province. 

The  old  French  governor,  w^ho  found  that  all  his  meafhres 
for  accompliihing  a  peace  with  the  five  nations, proved  abor- 


*  liillead  of  Pe:er,  which  they  could  not  pronounce. 


OF    NEW- YORK. 


95 


tive,  was  now  meditating  a  blow  on  the  Mohawks.  He  ac- 
cordingly coilecled  an  army  of  lis  or  feven  hunJicd  ir'rench 
and  Indians,  and  fapphed  them  with  ev^iy  thing  neceliai-jr 
for  a  winter  campaign.  They  fee  out  from  Mont  cal,  cn 
the  1 5th  of  Tanuaiy,  1693;  and  afi.er  a  march  attended 
with  incredible  hardfliips,  they  palled  by  Schenectady,  on 
the  6th  of  February,  and,  that  night,  captivated  five  men 
and  fome  wo  nen  and  children,  at  the  firlt  caitle  of  die  Mo- 
hawks. The  I'econd  caltle  wiis  taken  wich  equal  eafe,  the 
Indian  inhabitants  being  in  perfect  fecurity,  and,  for  the 
moft  part,  at  Schenectady.  At  the  third,  the  er.emy  foiUi4 
about  forty  Indians  hi  a  war  dance,  defigning  to  go  out,  nji* 
on  fonie  enterprife,  the  next  day.  Upon  their  entering  the 
cafde  a  conflic't  enfued,  in  which  the  French  lolt  about  thir- 
ty men.  Three  hund.  ed  of  our  Indians  were  made  captives, 
in  tliis  defcent ;  and,  but  for  the  intercelfion  of  the  favages 
in  the  French  intexcft,  would  all  have  been  put  to  the 
Iword*. 

The  Indians  were  enraged,  and  with  good  rcafon,  at  the 
people  of  bchcnectady,  who  gave  them  no  afliftance  againft 
tiie  enemy,  though  they  had  notice  of  their  marthirg  by  that 
village,  at  this  was  atoned  for  by  the  fiiccoui-s  fiom  Al- 
bany. Colonel  Schuyler  voluntarily  lieaded  a  party  of  two 
hundred  men,  and  went  out  agahift  the  enemy.  On  the 
1 5th  of  February,  he  was  joined  by  near  three  hundred 
Indians,  ill  armed,  and  many  of  them  boys.  A  pretended 
defei'ter,  who  came  to  diliuade  the  India,  s  f.  om  the  pur- 
fait,  informed  him,  the  next  day,  that  the  French  had  built 
a  fort,  and  waited  to  fight  him  ;  npon  which  he  fei^t  to  In- 
gollby,  the  commandant  at  Albany,  as  wtil  foi  a  icirforce- 
nient  as  for  a  fupply  of  provifions  :  for  tlie  grcateil  part  of 
his  men  came  out,  with  only  a  few  bifcuitsiii  ilicir  pockets, 
and  at  the  time  they  fell  in  wiih  the  enemy,  cn  the  lyih  of 
the  montli,  had  been  fevcral  days  without  any  kind  of  food. 
Upon  approaching  the  French  army,  fund 5  y  fliiim  flies  en- 
fued i  the  enemy  endcavoniing  to  prevent  our  Indians 
from  felling  trees  for  their  protecliion.  Captain  Syms,  with 
eighty  regulars  of  the  independent  companies,  and  a  fup- 
ply of  piovifions,  arrived  on  the  19th  •.  but  the  enemy  had 
marched  off  the  day  before  in  a  great  fnow  florm.  Onv  pariy 


*  Dr.  Golden  and  the  jcfuit  Charlevoix  are  not  pevfedlly 
agreed  in  the  hiitory  of  this  irruption.  I  have  followed, 
fomctimes  the  former,  and  at  other  times  the  latter ;  ac* 
cording  as  the  facfts,  more  immediately,  related  to  the  coii* 
4u^of  their  refpedivecoufttrj'^meii. 


96 


THE  HISTORY 


however  purfued  them,  and  would  have  attacked  their  rear, 
if  the  Mohawks  had  not  been  averfe  to  it.  When  the  French 
reached  the  north  branch  of  Hudfon's  river,  luckily  acake  of 
ice  Icrved  them  to  crofn  over  it,  the  river  being  open  both 
above  and  below.  The  frolt  was  now  extremely  I'evere,  and 
the  Mohawks  fearful  of  an  cni'agcment ;  upon  which  Schuy- 
ler,wiio  had  retaken  about  fifty  Indian  caprivcs,delilked  from 
the  purfuic  on  the  2^th  of  February  ;  four  of  iiis  nien  and  as 
many  Indians  being  killed,  and  twelve  wounded.  Our  In- 
dians, at  this  time,  were  fo  diib  cflcd  for  provifions,  that 
they  fed  upon  the  dead  bodies  of  the  French  ;  and  the  ene- 
my, in  their  turn,  were  reduced,  before  they  got  home, 
to  eat  up  their  (hoes.  The  French  in  this  enterprifc  lolt 
eighty  men,  and  had  above  thirty  wounded. 

Fletcher's  extraordinary  difpatchup  to  Albany,  upon  the 
firft  news  of  this  dcfcent,  gained  the  elleem  both  of  the 
public  and  our  Indian  allies. 

The  exprefs  reached  New- York  on  the  12th  of  February, 
at  ten  o'clock  in  the  night,  and  in  lefs  than  two  days,  the 
governor  embarked  with  three  hundred  volunteers.  The 
liver,  which  was  heretofore  very  uncommon  at  that  fealbn, 
\vas  open*,  t  Ictchcr  landed  at  Albany,  and  arrived  at 
SciieneCtady,  the  i  7th  of  the  month,  which  is  about  one 
hundred  and  fixty  miles  from  New-York  :  bur  he  was  Hill 
too  late  to  be  of  any  other  ufe  than  to  llrengthen  the  anci- 
ent alliance.  The  Indians,  in  commendation  of  his  acfcivity 
on  the  occafion,  gave  him  the  name  of  Cayenguirago,  or, 
the  great  fwift  arrow. 

Fletcher  returned  to  New-York,  and,  in  March,  met  the 
aflen.bly,  who  were  fo  v/ell  pleafed  with  his  late  vigilance, 
that  beiides  giving  him  the  thanks  of  the  houfe,  they  raifed 
6000I.  for  a  year's  pay  of  three  hundred  volunteers,  and 
their  officers,  for  the  defence  of  the  frontiers. 

As  the  greatcfl:  part  of  this  province  confiited  of  Dutch  in- 
habitants, all  our  governors,  as  well  in  the  duke's  time,  as 
after  the  revolution,  thought  it  good  policy  to  encourage 
Englifh  preachers  and  fchoolmaflers  in  the  colony.  No  man 
could  be  more  bent  upon  fuch  a  project  than  Fletcher,  a  bi- 
got to  the  efpifcopal  form  of  church  government.  He,  ac- 
corr'ingly,  recommended  this  matter  to  the  aflcmbly,  on  his 


*  The  climate  of  late  yeai's  is  much  altered,  and  this  day 
(Februaiy  14,  1756)  three  hundred  recruits  failed  from 
New- York  for  the  army  under  the  command  of  general 
Shirley,  now  quartered  at  Albany  j  andlaft  ycar^  afloop 
;fv'cnt  up  the  river  a  mpnth  earlier. 


OF   N  E  W- Y  O  R  K. 


'97 


Hrft  arrival,  as  well  as  at  their  prcfcnt  meeting.  The  honfe, 
from  their  attachment  to  the  Dutch  laiiguage,  and  the  mo- 
del of  the  church  of  Holland,  fecnred  by  cue  of  the  arti- 
cles of  fuiTender,  -were  enti:  ely  dilincliiied  to  the  fcheine, 
which  occafioned  a  wann  rebuke  from  the  governor,  in  his 
fpeech  at  the  clofc  of  the  feilion,  in  ihefe  words  :  "  gentle- 
men, the  firll  thing  that  I  did  recommend  to  yor.,  at  our 
lait  meeting,  was  to  provide  for  a  minilhy,  and  nothing  is 
done  in  it.  There  are  none  of  you,  but  what  are  big  with 
the  privileges  of  Engliflmien  and  magna  charta,  which  is 
your  right ;  and  the  lame  law  doth  provide  for  the  religion 
of  the  church  of  England,  againlt  fabbath-breaking,  and 
all  other  profanity.  But  as  y«uhave  made  it  lafl,  ana  poit- 
poned  it  this  feffion,  I  hope  you  will  begin  with  it  the  next 
meeting,  and  do  fomewhat  toward  it  effevftually." 

The  news  of  the  ariival  ol'  the  recruits  and  ammiuiition 
at  Canada,  the  late  lofs  of  the  Mohawks,  and  the  unfulfill- 
ed promifcs  of  alliitance,  made  from  time  to  time,  by  iL-j 
Englifh,  together  with  the  inceilant  Iblicitations  of  Milet, 
thejefuit,  all  confpired  to  induce  the  Oneydoes  to  Ihe  for 
a  peace  with  the  French.  To  )^revent  fo  important  an  event, 
Fletcher  met  the  five  nations  at  Albany,  in  July  i^^93,  with 
a  confiderable  prefent  of  knives,  hatchets,  clothin.g,  and 
ammunition,  which  had  been  fcnt  over,  by  the  crov.ii,  f  or 
that  purpofe.  The  Indians  confented  to  a  renewal  of  the 
ancient  league,  and  exprcfied  their  gratitude,  for  the  king's 
donation,  with  fingular  force.  Brother  Cayenguiia'go, 
we  roll  and  wallow  in  joy,  by  reaibn  of  the  great  favoup 
the  great  king  and  queen  have  done  us,  in  lending  us  armi. 
and  ammunition  at  a  time  when  we  are  in  the  gi  eavell  need 
of  them  ;  and  becaufe  there  is  fucii  unity  among  the  bre- 
thren." Colonel  Fletcher prefled  their  delivering  up  to  him 
Milet,  the  old  pricft,  which  they  promifed,  but  never  per- 
formed. On  the  contrary,  he  had  influence  enough  to  per- 
fuade  all,  but  the  Mohawks,  to  treat  about  the  peace 
at  Onondaga,  though  the  governor  exerted  himfelf  to 
prevent  it. 

Soon  after  this  interview,  Fletcher  returned  to  New- 
York  ;  and,  in  September,  met  a  new  allembly,  of  which 
James  Graham  was  cholen  fpcaker.  The  governor  laboured, 
at  this  fellion,  to  procure  the  eftabliihment  of  a  miniftiy 
throughout  the  colony,  a  revenue  to  his  majelty  for  life, 
the  repairing  the  fort  in  New-York,  and  the  ere^ftion  of  a 
chapel.  That  part  of  his  fpeech,  relating  to  the  m^iniftiy, 
•was  in  thefe  words  :  I  recommended  to  the  former  allem- 
bly,  the  fettling  of  an  able  minillry,that  the  worlliipof  Go^ 
jnay  be  obferved  among  us  j  for  1  fuxd  that  great  and  fir(b 


THE    IT  I  S  T  O  n  Y 


duty  very  macli  ncgled:cd.  Let  m  not  tbrgct  thatthrrcli 

a  Kjod,  that  ma  Ic  us,  who  will  p/otect  us,  it  we  Icrve  him. 
This  has  been  alwiys  the  fi  It  thing  1  have  recoinnu  ucJed, 
ycc  the  latt  in  /oar  confi  jeiaiion.  l  hope  you  aie  all  (acisli- 
ed  of  the  great  ncc^liiiy  and  daty,  that  lies  upon  you  to  do 
this,  as  y.>ii  c:i.pecL  liLs  blciiiiig  upon  your  laboais."  The 
zeal  Nviili  Wwich  tliis  aii*J.ir  w:is  i  ccoinmended,  induced  the 
^oafc,  on  tlic  i2Lhof  Sep.ei.iber,  to  apjjoint  a  co;nniictce 
of  ei:>ht  meinbc.  s,  to  agi'ee  upon  a  fclicine  for  l'e,;ilinga 
liiiniic.y,  in  each  rcfpeciAvc  pre  net,  throughout  the  j)ro- 
vince.  J'liis  coinuiiiicc  made  a  report  the  next  day  ;  hai  it 
wasr.'  >in  i  i  CiUillc  if  af:v;ru)o;i,  an  I  then  deferred  to  .he 
r.ext  mo  ning.  Several  debutes  ar  iling  about  therepon,  in 
th?  houfe,  it  wai  a^ain  '*  recommitted  lor  farther  confidera- 
t!on."  On  liie  1 5tli  of  Sep.embcr,  i:  was  app  roved,  the  ef- 
tabUihment  being  tlicu  limiied  to  fcvei-al  parilhcs  in  )'uiir 
counties,  and  a  b  11  o  deicd  to  be  brought  in  according  ly  ; 
which  tiie  fpcaker  (who,  on  the  i ?tii  of  Scptembc'-,  w:iS 
appfjiiuci  to  diaw  all  their  bills)  pioauced  oii  the  19^1.  It 
w  IS  rea  l  twice  on  the  fa  nc  day,  a. id  then  referred  to  a  com- 
mit.of  the  wiiole  hoafe.  'I  he  thi  il  reading  was  on  the 
Si.'t  of  .>cpte.ni3er,  when  the  bill  piflod,  and  wosfcnt  up  to 
the  governor  and  council,  wiio  i;n;ne(Iia  ely  retunied  it 
wicn  an  amearlmcnt,  to  velt  hi>  excellency  svitji  an  epifco- 
\r\]  power  of  inducliing  every  incumbent,  audhig  to  thatj^a  t 
of  the  bill  near  the  eid,  wiiicli  gave  the  right  of  prcfenta- 
Uon  to  tiie  people,  the(e  wo  ih  an  1  p  efen  ed  to  the  go- 
vciiior,  to  be  approved  and  collated. "  The  hoafe  declined 
their  confenc  to  the  addition,  and  immediately  relumed 
the  bill,  praying,  *' thac  ic  may  oafs  wi  ho.it  the  amend- 
ment, having,  in  the  drawing;  of  the  bdl,  had  a  d  :e  re- 
gard to  thai,  pious  ^ntent  of  fettling  a  miniftry,  for  the  btr 
ncfit  of  the  people."  r  letcher  v/as  fo  exafpe  a:ed  wi;h  their 
refufal,  that  he  no  fooiicr  received  the  anfwer  of  the  houfe, 
than  he  convened  them  before  him,  and  in  an  angiy  fpeecli 
broke  up  the  feflion.  I  iliall  lay  that  part  of  it,  relating 
to  this  bill,  before  the  reader,  becuufe  it  is  charatfteiifuc 
pf  the  man. 

"  Gentlemen, 
*'  There  isalfo  a  bill  for  fettling  a  miniftry  in  this  city, 
and  fome  other  countries  of  the  government.  In  tliat  veiy 
thing  you  have  fhown  a  great  deal  of  ftiffiiefs.  You  take  up- 
on  yon,  as  if  you  weie  dictators.  I  fent  down  to  you  an 
amendment  of  three  or  four  words  in  tliat  bill,  which, 
though  very  immaterial,  yet  was  poficively  denied.  1  muft 
tell  you,  it  feems  very  unmannerly.  There  never  was  an 
anieudment  yet  defu'ed  by  the  council  boaid,  but  what  wai 


or  NEW-YbRJC. 


Hji^^'^^-  It  is  the  fign  of  a  ftubbom  ill  temper,  and  tins  Lase 
alfo  palled. 

"  But,  gentlemen,  I  mnft  take  le:ive  to  tell  ycVf  if  yctr 
feem  to  undeiftand  by  the^e  v  oids,  that  none  can  fe»ve 
vicliouc  yoar  collation  oi  efiabliflinjent,  ycnaie  far  inif- 
taken.  Fori  have  the  poAver  of  collating  or  fi- (pending  any 
minifter,  in  my  governs fnt,  bv  their  niajeilies'  Ictreis  pa- 
tent ;  and  whilft  1  ftay  in  the  government,  1  will  take  cs'  e, 
that  ne  ther  he  efy,  feditioti,  fchifm,  or  rebellion,  be 
t)  eached  among  yoa,  nor  vice  and  pi  cfaniry  er.ccinaged. 
It  is  my  endeavotir,  tolead  a  virtuous  and  pious  life  amoi  eft 
you,  and  to  give  a  good  example  :  I  wifh  you  all  to  do  the 
fjme.  You  ought  to  confiJer,  that  you  have  br.t  a  third 
fhare  in  the  Icgiflative  power  of  the  gcveii:n-c'ijt  ;  and 
oiight  not  to  take  all  r»poii  you,  nor  be  fo  peremptory. 
You  ought  to  let  the  comicil  have  a  iliare.  They  are  in  the 
nai-ure  of  the  hor  fe  of  lords,  or  upper  houfe  ;  but  you  feem 
to  take  the  w  holepower  in  your  hands,  and  fet  up  for  every 
thing.  You  have  fet  alon^  time,  tcllttle  p-^rpofe,  and  have 
been  a  great  cliarge  to  the  country.  Ten  fhillings  a  day  is 
a  large  allowance,  imd  you  pnndtually  exacT:  it.  You  have 
been  always  forward  enough  to  pull  dovm  the  fees  of  ciher 
nimifters  in  the  government.  Why  did  you  not  think  it 
expedient  to  correa:  your  own,  to  a  more  moderate  allow- 
ance ? 

"  Gentlemen,  I  fli?-ll  fay  no  more,  at  prefent,  but  thjlt 
you  do  withdraw  to  your  private  affairs  in  the  country.  Ido 
p-oro'Tue  you  to  the  tenth  of  Januar}''  next,  and  youa-e 
hertby  prorogi.cd  to  the  tenth  dry  of  Januar  y  next  enfu- 
ing.'' 

The  violence  of  this  man's  temper  is  very  evident  in  all 
his  fpeechcs  ajid  mcflages  to  the  allembly;  and  it  can  only  be 
artribnted  to  the  ignorance  of  the  tiir.es,  that  the  memhei  S' 
of  that  houfe,  inllead  of  aflei  ting  their  equality,  peaceably 
pat  up  wi:h  his  rudenefs.  Certainly  ihey  ^exrved  better 
ufage  at  his  hands.  For  the  revenue.  eilaLliflied  the  lafryea", 
tras,  at  this  feilion,  continued  fiveyea^s  longer  than  VtS 
originally  intended.  This  w  as  rendering  the  governor  for 
a  t'l  v.e  independent  of  the  people.  Fo--,  at  that  day,  the  af- 
fembly  had  no  treafure  ;  b^  r  the  amount  of  all  taxes  went 
of  courfe  into  the  hands  of  the  rcceivei  -general,  w  ho  was 
apno'.n'-ed  by  the  crown.  Out  of  this  fund,  monies  were  only 
ifl'iable  by  the  governor's  wanant  ;  fo  that  every  oficer  in 
the  government,  f  ern  mr.  Blaidi wait,  who  drew  annually 
:  five  per  cent,  out  of  the  revenue,  as  audi*  cr-£,e^ieral,  do^  n 
to  the  meancH:  fevvant  of  tl  e  public,  became  dependent,  fole- 
ly^of  the  govcriior.  And  heuce  we  fin  J  the  hoxife,at  the  cloife 


loo  THE    HISTORY  M 

of  every  feflion,  humbly  addrcfling  Ins  excellency,  for  th#  1 
tri.'iing  w  a[;cs  of  their  ov\ii  clerk.  Fletcher  was,  notwith-  I 
ftanduig,  lb  .nach  difplcafed  w  ith  them,  that,  foon  after  the  1 
prorogation,  lie  dKiblved  tlic  aHcmbly. 

The  inc*nbcrs  of  the  new  adcmbly  met,  according  to  the 
Avrit  of  fmnmons,  in  March  1694,  and  chofc  colonel  Peirfon^ 
tor  their  fpeaker,  mr.  Graham  being  left  out  at  the  election 
for  the  city,  f  he  lliorl nefs  of  this  feflion,  which  continued 
only  to  the  latter  end  of  the  month,  was  owing  to  the  dif- 
ag.  eeablc  bufniefs  the  houfc  began  upon,  of  examining  the 
ftacc  of  the  piiblic  accounts,  and  in  particular  the  nuilt-cr 
rolls  of  the  volunteers,  in  the  pay  of  the  province.  They, 
however,  refumed  it  again  in  Seprember,  and  fomially  ei»- 
tere.l  their  dilljcisfaction,  with  the  receiver-general's  ac- 
counts. The  governor,  at  tlie  lame  time,  blew  up  the  coals 
of  contention,  by  adeniand  oiatiditional  pay,  lor  theking'g 
foldiet  s,  then  jult  arrived,  and  new  fupplies  for  detachments 
in  defence  of  the  frontiers,  lie  at  laft  prorogued  them,  af- 
ter ob  ai'.iing  an  act  for  fupporting  o!ic  hundred  men  upon 
the  borders.  The  fame  dilputes  revived  again  in  the  fpi  ing 
1695  ;  and  proceeded  to  fach  lengths,  that  the  aliembly  alk- 
cd  the  governor's  leave  to  print  their  minutes,  that  they 
might  appeal  to  the  public.  It  was  at  thisfeliion,  on  the  12th 
of  Apiil  1695,  th-:*.:  upon  a  petition  of  five  ch'irch  wardens 
and  veftrymen  of 'he  city  of  New-York,  the  houfe  declared 
it  to  be  their  opinion,  "  That  the  veltrymen  and  church- 
wardens have  power  to  call  a  diffenting  protellant  minfter, 
and  that  he  is  to  be  paid  and  maintained  as  the  a(ft  directs." 
The  intent  of  this  petition  was  to  refute  an  opinion,  which 
prevailed,  that  the  late  miniftry  acft  was  made  for  the  folc 
benefit  of  cpifcopal  clergymen. 

Tlie  quiet,  uudiflurbed  llate  of  the  frontiers,  while  the  f 
F'*ench  were  endeavouiing  to  make  a  peace  with  the  fivena-  ' 
tio-is,  and  the  complaints  of  many  of  the  volunteers,  Avho  • 
hid  r.ot  received  their  ]>ay,  very  much  conduced  to  the  back- 
wardncfs  of  the  aflembly,  in  anfwering  Fletcher's  perpetual 
demands  of  money.  But  w  hen  the  Indians  refufed  to  com- 
ply with  the  terms  of  peace  demanded  by  the  French  go- 
vernor, whicli  were  to  faffer  him  to  rebuild  the  fort  at  Ca- 
dai  aqui,  and  to  include  the  Indian  allies,  the  w  ar  broke  out 
nft  clh,  and  the  aflembly  were  obliged  to  augment  both  their 
detachments  and  fupplies.  The  count  Frontenac  now  le- 
velled his  w^rath,  principally  againft  the  Mohawks,  who 
were  more  attached,  than  any  other  of  the  five  nations,  to 
our  iute.  ell  :  but  as  his  intentions  had  taken  air,  he  pru* 
den'.ly  changed  his  meafures,  and  fent  a  party  of  three  hun- 
dred men,  to  the  ifthmus  at  Niagara,  to  furprife  thofe  of 


or    N  E  \V  -  Y  O  IR.  K. 


1©I 


fche  five  Tiatjons,  tiiat  might  be  hunting  there.  Among  n  few 
that  were  met  Vvith,  fome  wei-e  killed,  and  others  taken 
prifoners,  and  aftei-\vards  burnt  at  Montreal.  Ci^r  Indians 
imitated  the  count's  example^  and  banit  ten  De^agmigS. 
captives. 

Colonel  Fletcher  and  his  aflembly  ha\'ing  come  to  an  open 
Topture  in  the  ipring,  he  called  another  in  Jiuie,  of  which 
James  Graham  was  chofen  Ipeaker.  The  count  Frontenac 
^'2LS  then  repairuig  the  old  foit  at  Cadaiaqiti  ;  and  the  intel- 
ligence of  this,  and  the  king's  alfignment  of  the  qi!otas  of 
the  feverai  colonies,  for  an  united  force  *  againft  the  Fi  ench^ 
Were  the  principal  matters  which  the  governor  laid  before 
the  aflembly.  The  lift  of  the  quotas  w  as  this, 
Pennfylvania,  £  So       Rhode  ifland  ?.nd  Providence 

Mafl*achufetts-Bay^     350  Plantation,  £  48 

Maryland,  160       Connecticut,  120 

Virguiia,  340       New-York,  200 

As  a  number  of  forces  were  now  arrived,  the  al!enibly  were 
in  hopes,  the  province  w^ould  be  relieved  from  raifmg  any 
more  men  for  the  defence  of  the  frontiers  ;  and,  to  obtain 
this  favour  of  the  governor,  ordered  ^loco.  to  be  levied,  one 
half  to  be  prefented  to  him,  and  the  reft  he  had  leave  to 
diftribute  among  the  Englilh  officers  and  (oldievs.  A  bill  for 
this  purpoie  was  drawn  ;  but  though  his  excellency  thank- 
ed them  for  tiieir  favourable  intention, he  thought  it  not  for 
his  honour  to  confcnt  to  it.  After  palling  feveial  laws,  tlic 
feilion  broke  up  in  perfect  harmony,  the  governor,  in  his 
great  grace,  recomme  iding  it  to  the  houfe,  to  appoint  a  com- 
mittee to  examine  the  public  accounts  againft  the  next  fcf- 
iions. 


*  As  fuch  an  union  appeared  to  be  neceflaiy  fo  long  ago, 
it  is  very  furpriftng  that  no  cfFecliual  fchenic  for  that  pur- 
pofe  has  hitherto  been  carried  into  full  execution.  A  pkui 
was  concerted,  in  the  great  congrefs  confiftin^  of  commif- 
(ioners  from  feverai  colonies,  met  at  Albany,  m  1 754  ;  but 
what  approbation  it  received  athome,  has  not  hitherto  been 
made  pablic.  The  danger  to  Great  Britain,  y^'prehended 
from  our  united  force,  is  founded  in  a  total  ignorai.  c  of  the 
true  ftate  and  charac^ter  of  the  colonies.  None  ef  his  n:ajef- 
ty's  fubj€»^ts  are  more  loyal,  or  more  ftrongly  attached  to 
proteftant  principles  ;  and  the  remarkable  aircftari on,  in  the 
elegant  addrefs  of  the  lords  of  the  13th  of  November  1755, 
in  our  favour,  "  That  we  area  great  body  of  brave  end 
faithful  fubjecls,"  is  as  juHly  due  to  us,  as  it  was  nobly  iaid 
by  them.  O 


THE  HISTORY 


In  September,  Fletcher  went  up  to  Albany,  with  very 
coiilidcrablc  prclcnisto  tlie  Indians  ;  whom  he  blamed  for 
fufFcring  ihe  French  to  rebuild  the  fort  at  Cadaraqui,or  Fron- 
tciiac,  which  commands  the  entrance  from  Canada,  into  the 
great  lake  Ontai  io. 

Wliilethelb  works  Avere  carrying  on,  the  Dionandadics, 
who  were  then  ])o')rly  lu))plied  by  the  French,  made  over- 
tures of  a  peace  with  the  five  nations,  which  the  latter  readi- 
ly embraced,  bctaufcit  was  owin^jfio  tlieir  fears  of  thefe  In- 
diani,  who  lived  near  thelake  Milhlimachinac,  that  ihcy  ne* 
vcr  dared  to  marcii  w  ith  their  whole  llrength  againlt  Ca- 
nada. The  French  commandant  was  fully  fenlible  of  the 
importance  of  preventing  this  alliance.  The  civilities  of  the 
Dionandadies  to  the  i>rironers,  by  whom  the  treaty,  to  pre- 
vent a  difcovcry,  was  iiegociated,  gave  the  oilicer  the  fiifl: 
fufpicion  of  it.  Cnc  of  ihei':  w  retches  had  the  unhappinefs 
to  fall,  into  the  hands  of  the  French,  wlio  put  bin)  to  the 
jnoft  exijuifite  torments,  that  all  future  intercourfe  with 
the  Dionandadies  might  be  cut  off.  Dr.Colden,  injuflre- 
fenrment  for  tliis  inliuman  barbarity,  has  publiflied  the 
whole  procefs  from  la  Potiierie's  hiflory  of  North  America, 
and  it  is  this  : 

*^  The  prifoner  being  flrfl  made  f-ifl:  to  a  flake,  fo  as  to 
have  room  to  move  round  it ;  a  Frenchman  bciran  the  hor- 
rid tragedy,  by  broiling  the  fieili  of  the  priloner's  legs, 
from  his  toes  to  his  knees,  with  the  red-hot  barrel  of  a  gun. 
His  example  was  followed  by  an  Utawawa,  who,  being  defi- 
rous  to  oiudo  the  French  in  their  refined  cruelty,  fplit  a  fur- 
row from  the  prifoner's  fhoulder  to  his  garter,  and  filling  it 
with  gun-powder,  fet  fire  to  it.  This  gave  him  exquifite  pain, 
and  raifed  exceflive  laughter  in  his  tormentors.  When  they 
found  his  throat  fo  much  parched,  that  he  was  no  longer 
able  to  grari  'y  their  ears  wicii  his  howling,  they  gave  him 
water,  to  enable  him  to  continue  their  pleaiiire  longer, 
liut  at  lad,  his  ftrejigth  failing,  an  Utawawa  fleaed  off  his 
fcalp,  and  threw  burning  hot  coals  on  his  fcull.  Tlienthey 
untied  lii:n,  and  bid  him  run  for  his  life.  He  began  to  run, 
tumbling  like  a  drunken  man.  They  fhut  up  the  way  to 
the  eaft,  and  made  him  run  weflward,  the  country,  as  they 
thb^k,  of  departed  miferable  fouls.  He  had  flill  force  left 
■  to  throw  flones,  till  they  put  an  end  to  his  mifery  by 
knocking  him  on  the  head.  After  this  every  one  cut  a  flite 
from  his  body,  to  conclu  Je  the  tragedy  with  a  feafl." 

From  the  time  colonel  Fletcher  received  his  inflrucflion, 
refpeifting  the  q  of  thefe  colonies,  for  the  defence  of 
the  frontiers,  he  repeatedly,  but  m  vain,  urged  their  com- 
pliance with  the  king's  dire»fucn  :  he  then  carried  his  com- 


OF   N  E  W  -  Y  O  R  K. 


plaints  agalnft  them  home  to  his  majedy,  but  all  liis  ap- 
plications were  defeated  by  the  agents  of  thofe  colonies, 
who  relidcdin  England.  As  foon,  therefore,  as  he  had  laid 
this  matter  beforel;he  aftenibly,  in  autumn  1695,  the  iionfe 
appointed  William  Nicol,  to  go  home  in  the  quality  of  an 
ngent  for  this  province,  for  which  they  allovred  him£  icoo. 
But  his  folicitations  proved  unfucccisful.  and  the  inilnic- 
tion,  relating  to  thefe  quotas,  which  is  flill  continued,  re- 
mains imnoticed  to  this  day.  Fletcher  maintained  a  goad 
corrcfpondence  with  the  alicmbly,  through  the  reft  of  his 
adminiilvation  :  and  nothing  appears,  upon  their  jounials, 
Wonh  the  reader's  attenrion. 

The  French  never  had  a  governor,  in  Canada,  fo  vigilant 
and  acliivc  as  the  count  de  Frontenac.  lie  had  no  fooner  re- 
paired the  old  fort,  called  by  his  name,  than  he  formed  a 
defign  of  invading  the  country  of  the  five  nations  with  a 
great  army.   For  this  purpofe,  in  169S,  he  convened  at 
Montreal,  all  the  regulars,  as  well  as  i::iiitia,  under  his 
command  ;  the  Owenagungas,  Q^uatoghies  of  Lorctto,  Adi- 
rondacks,  Sokakies,  Niplciriniens,  the  profelyted  p'.'ayin^ 
Indians  of  the  five  nations,  and  a  few  Utawawas.  Inflead 
of  waggons  and  horf,:s^  v/hich  are  nfelefs  in  fach  a  country, 
as  he  had  to  march  through,  the  army  was  conveyed, 
through  rivers  and  lakes,  in  light  barks,  which  are  porta- 
ble, whenever  the  rapidity  of  the  itream  and  the  crofling 
an  iil:hmii>  rendered  it  neceflary.  The  count  left  la  Cliii'.c, 
at  the  fouth  end  of  the  ifland  of  Montreal,  on  the  7rh  of 
July.  Two  battalion.,  of  regula'  S,  under  the  command  of 
le  Chevalier  de  Callieres,  headed  by  a  number  of  Indian?, 
led  the  van,  v/ith  two  fmall  pieces  of  cannon,  the  moi  tars, 
'  grenadoes,  and  ammunition.  A^ftcrthem  followed  the  p'-o- 
•  vifions  ;  then  the  main  body,  wich  the  count's  hourchold, 
'^a   confiderable  number  of  volunteers,    and    the  engi- 
neer ;  and  four  battalions  of  the  militia  commanded  by 
^  monfieur  de  Ramezai,  governor  of  Trois  Fvivieres. 

Two  battalions  of  regidars  and  a  few  Indians,  under  the 
'  chevalier  de  Vaudimeil,  brought  up  the  rear.  Before  the 
army  went  a  parcel  of  fcouts,  to  defcry  the  tracks  and  am- 
'  bufcades  of  the  enemy.  After  twelve  days  march,  they  ar- 
rived at  Cadaraqui,  about  one  hundred  and  eighty  miles 
from  Montreal,  and  then  crofied  the  lake  to  Ofv,  ego.  Fifty 
men  marched  on  each  fide  of  the  Onondaga  river,  which  is 
narrow  and  rapid.  When  they  entered  the  little  lake*,  the 


*  The  Onondaga  lake,  noted  for  a  good  fait  pit  at  the 
fouth  eaft  end  ;  which^  as  it  may  be  very  advajiitageous  la 


THE  HISTORY 


army  divided  Liito  two  parts,  coalHng  along  the  edges,  tliat 
the  enemy  inighL  be  uncertain  as  to  the  place  of  their  land- 
Wig  ;  and  where  they  did  lantl  they  crec'ted  a  fort.  The 
OnondagMS  had  fcnt  away  their  wives  and  children,  and 
were  deiermiried  to  defend  their  caflle,  till  they  were  in- 
fo-, incd  by  a  delerier,  of  tlie  i'uperior  (trenglh  of  the  French, 
and  the  n.iturc  of  bombs,  which  were  intended  to  be  ulcd 
againil  them  ;  and  then,  afier  fetiing  fire  to  their  village, 
they  retired  into  the  woods.  As  foon  as  the  count  heard  of 
tliis,  he  ^larched  to  their  huts  in  order  of  battle  ;  being 
himfelf  carried  in  an  elbow  chair,  beliind  the  artillery. 
With  tiiis  mighiy  apparatus  he  entered  it,  and  the  deftruc- 
tion  of  a  little  huiian  com  was  the  great  acquifi  Jon.  A 
b^avc  fachcr.u  then  abvTut  a  huiidicd  years  old,  wn>  the 
only  pcrfcn  who  tanied  in  the  cr.ftlc  to  lah.te  the  old  ge- 
neral. The  French  Indians  put  him  to  torment,  which  Ire 
endured  witii  aiVoni/Iiing  p. cfcncc  of  mind.  To  (inc  who 
{labbed  him  with  a  knife,      you  Ir.ul  beiter,"  fays  he," 

make  me  die  by  fire,  that  thcfe  French  dogs  may  learn 
Jiow  to  {uffer  like  men  :  you  Indians,  their  allies,  you  dogs 
of  dogs,  think  of  me  when  you  are  in  the  like  condition*.** 
This  lachcm  was  ihc  only  man,  of  all  the  Onondagas,  that 
was  killed  ;  and  had  not  thirty-five  Oneydoes,  who  waited 
to  receive  Vaudrueil  at  their  callles,  l>cen  aftei>>ards  bafel'y 
carried  into  captivity,  the  count  woidd  have  returned  with- 
out the  leaft  mark  of  triiTmph.  As  foon  as  he  began  his  re- 
treat, the  (Jnondagas  followed,  and  aimoyed  his  army  by 
cutting  off  feveral  baueaus. 

This  expenfivc  ente  -prife,  and  tlie  conthuial  incurlioas 
of  the  five  natlnn.;,  on  the  co..nrry  near  Montreal,  again 
fprcad  a  famine  through  all  Canada.  The  count,  however, 
kept  up  his  fpirits  to  the  lafl  ;  and  fent  out  fcalping  parties, 
who  infefted  Albany,  as  our  Indians  did  Montreal^  till  the 
treaty  of  peace,  figned  at  Ryfwick,  in  1697. 

Richard,  earl  of  Bellamont,  was  appointed  to  fucceed 
colonel  'Fletcher,  in  the  year  1695;  but  did  not  receive 
his  commjfi?on  till  the  T2ih  of  June,  1697:  and  as  he 
delayed  his  voyage  till  afrer  the  peace  of  Ryfwick,  which 
"was  figncdthc  loth  of  September  following,  he  was  blown 
off  ''ur  coaft  to  Barbadoes,  and  did  not  arrive  here  before 
the  2d  of  April,  1698. 


tlte  garrifon  at  Ofwego,  it  is  hoped  the  government  -will 
never  grant  to  3i\y  private  company. 

*  *'  Never  perhaps  (fays  Charlevoix)  was  a  man  treated 
with  more  cnielty,  nor  did  any  e^er  bear  it  with  fnperior 
magnanimity  and  refolution..'^ 


O  F   N  E  W-Y  O  R  K. 


Duriag  the  late  war,  the  feas  were  extremely  mfefted 
vritii  Engliih  pirates,  fonie  of  whom  failed  out  of  >>ew- 
York  ;  and  it  was  ftrongly  fufpe^ted  that  tliey  had  received 
too  much  couHtenancehere,.  e^en  from  the  govemnient,  du- 
ring Fletcher's  adminiftration.  His  lordfhip's  promotion  to 
tlve  chief  command  of  the  Mailachnfert's  bay  and  New- 
Hampilnre,  as  well  as  this  province,  was  owing  partly  © 
his  rank,  but  principally  to  the  aft'air  cf  the  pirates  ;  acd 
the  multiplicity  of  bvfinefs,  to  which  the  charge  of  three 
colonies  would  necefiarilj  cxpofe  him,  induced  tlie  ew.  1  to 
iM'ing. over  with  him  John  Nanfan,  hiskinfman,  in  the  c^nsi^ 
lity  of  our  Heutenant-governor*.  When  lord  Bellamont 
was  appointed  to  the  government  of  thefe  provinces^  the 
king  did  him  the  honour  to  fay  that  he  thou^J^t  him  a 
man  of  relblution  and  integrity,  and  with  theie  qi  aii-ies 
more  liikely  than  any  other  he  could  think  of,  to  put  a  ftop 
to  the  growth  of  pi lacy." 

Before  the  earl  fct  out  for  America,  he  became  acquainted 
"With  Robeit  Livingfton,  elq  ;  f  who  was  then  in  Knal^ad, 
foliciting  his  own  affairs  before  the  council  and  the  treafury. 
The  earl  took  occafion,  in  one  of  his  conferences  with  mr. 
Livingfton,  to  mention  the  Icandal  the  province  was  under 
on  account  of  the  pirates.  The  latter,  who  confefied  it  was 
not  without  reafon,  brought  the  earl  acquainted  with  one 
Kid,  whom  he  recommended  as  a  man  of  integrity  and 
courage,  that  knew  the  pirates  and  their  rendezvous,  and 
would  undertake  to  apprehend  them,  if  the  king  would 
employ  him  in  agoc  i  failing  frigate  of  qo  guns  and  150 
men.  The  earl  laid  tlie  propofal  before  the  king,  who  eon- 
fulted  the  admiralty  upon  that  fubjecl :  but  this  proje<lt  drop- 
ped, through  the  uncertainty  of  the  adventure,  and  the 
French  war,  which  gave  full  employment  to  all  the  fhips  in 


*  His  commiffion  was  dated  the  ift  of  Jnly,  1697. 

t  This  gentleman  was  a  fonof  mr.  John  Livingfton,  one 
of  thecommiffionersfrom  Scotland  to  king  Charles  II.  while 
he  was  an  exile  at  Breda.  He  was  a  clergyman  diftingui^licd 
by  his  zeal  and  induftry  ;  and,  for  his  oppolition  to  epifco- 
pacy,  became  fo  obnoxious,  after  the  re^oration,  to  the  En- 
glifh  court,  that  he  left  Scotland,  and  took  tlie  paftoral 
charge  of  an  Englilh  prefbyterian  church  in  Rotterdam.  His 
defcendants  are  very'  numerous  in  this  province,  and  the  fa- 
mily in  the  firft  rank  for  their  wealth,  moials,  and  educa- 
tion. The  original  diary,  m  the  hand-writing  of  their  com-=. 
mon  anceftor,  k  ftill  among  thein>  and  contains  a  hillory  of 
his  life. 


T  H  K  HISTORY 


the  iiavy.  Mr.  Livingfton  then  propofed  a  private  ad%enture 
agahift  the  ph-ates,  offering  to  be  concerned  with  Kid,  a 
firth  part  in  tlie  fliip  and  charges,  and  to  be  bound  lor  Kid's 
faithful  execution  of  the  coinniiHion.  Tlie  king  ihe'i  ap- 
proved of  the  defign,  and  refcrved  a  tenth  Hiaie,  to  n-ovT 
that  he  -was  concerned  in  the  enterpi  ife.  Lord  chancellor 
Soniers,  the  duke  of  Shrcwlbury,  the  earls  of  Ronmey  and 
Oxford,  fir  Kdniond  Harrifon  ;ind  others,  joined  in  ibc 
fell  erne,  agreeing  to  the  expenfe  of  6000I.  Dut  the  manage- 
ment of  tbe  Avhole  aff:ur  \vas  left  to  lord  IJellamont,  wlio 
j^ave  orders  to  Kid  to  purfue  his  coniniiffion,  which  was  in 
common  form.  Kid  failed,  from  Flymoiuh,  for  New-York, 
in  April,  1696  ;  and  afrerwards  turned  pirate,  bunithis  fliip, 
and  came  to  Bofton,  where  the  earl  apprehended  him.  His 
lordfhip  wrote  to  the  fecrctary  of  ftate,  defiring  that  Kid 
might  be  fcnt  for.  The  Rochcfterman  of  war  w  asdifparch- 
cd  upon  this  fcrvice  ;  but  being  driven  back,  a  general  fu(pi- 
cion  prevailed  in  England,  that  all  was  coliufion  between 
the  minillry  and  the  adventurers,  who,  it  was  thought,  w  ere 
unwilling  Kid  fhould  be  bronght  home,  left  he  might  dif- 
cover  that  the  chancellor,  the  duke,  and  others,  were  con- 
federates in  the  piracy.  The  matter  even  proceeded  to  fucli 
'lengths,  that  a  motion  \vas  made,  in  the  houfe  of  commons, 
that  all  who  were  concerned  in  the  adventure,  might  be 
turned  out  of  their  employments  ;  but  it  w  as  rejecfted  by  a 
great  majority. 

The  tory  party,  who  excited  thefe  clamours,  though  they 
loft  their  motion  in  the  houfe,  aftenivards  impeached  fe- 
veral  whig  lords  ;  and,  among  other  articles,  charged  them 
with  being  concerned  in  Kid's  piracy.  But  tliefe  profecu- 
tions  fervcd  only  to  brighten  the  innocency  ofthofe,  againft 
'»vhom  they  were  brought;  for  the  impeached  lords  were 
honourably  acquitted  by  their  peers. 

Lord  Bellamont's  commilTion  was  publiflied  in  council, 
on  the  day  of  his  arrival  ;  colonel  Fletcher,  who  fllll  re- 
mained governor  under  the  proprietors  of  Pennfylvania, 
and  lieutenant  governor  Nanfan,  being  prefent.  The  mem^ 
]Bers  of  the  council  were, 

Frederick  Phllipfe,  William  NicoU, 

Stephen  Van  Cortlandt,  Thomas  Will et, 

Nicholas  Bayard,  William  Pinhorne, 

Gabriel  Micn^-ille,  Jobn  Lawrence. 
William  Smith, 

After  the  earl  had  difpatched  captain  John  Schuyler,  and 
Dellius,  the  Dutch  miniiterof  Albany,  to  Canada,  wdth  tbe 
ficcount  of  the  peace;  and  to  folicit  a  mutual  exchange  of 


OF  NEW-YORK. 


107 


prifoners  ;  he  laid  before  the  council  the  letters  from  fecre- 
tary  Vernon  and  the  Eaft-India  company,  relating  to  the 
pirates  ;  informing  that  board,  that  he  had  an  affidavit,  that 
Fletcher  had  permitted  them  to  land  their  fpoils  in  this 
province,  and  that  mr.  Nicoll  bargahied  for  their  protec- 
tions, and  received  for  his  fervices  800  Spanilh  dollars. 
Nicoll  confefled  tlie  receipt  of  the  money  for  protec- 
tions, but  faid  it  was  in  virtue  of  a  late  a(ft  of  aflembly,  al- 
lowing privateers  on  their  giving  fecurity  ;  but  he  denied 
the  receipt  of  any  money  from  kjiown  pirates.  One  Weaver 
was  admitted,  at  this  time,  into  the  council-chamber,  and 
acted  in  the  quality  of  king's  council,  and  in  anfwer  to  mr. 
Nicoll,  denied  that  there  was  anyfuch  aA  of  aflembly  as  he 
mentioned.  After  confidering  the  whole  matter,  the  council 
advifed  his  excellency  to  fend  Fletcher  home,  but  to  try 
Nicoll  here,  becaufe  his  eftate  would  not  bear  the  expenfc 
of  a  trial  in  England.  Their  advice  was  never  carried  into 
execution,  which  was  probably  owing  to  a  want  of  evidence 
againfl  the  parties  accufed.  It  is  neverthelefs  certain,  that 
the  pirates  were  frequently  in  the  found,  and  fupplied  with 
proviflons  by  the  inhabitants  of  Long  Hland,  who,  for  many 
years  aftei-\vards,  were  fo  uifatuated  with  a  notion,  tliat  the 
pirates  buried  great  quantities  of  money  along  the  coail,  that 
there  is  fcarce  a  point  of  land,  or  an  ifland  without  the  marks 
of  their  aiiri  fucra  favm.  Some  credulous  people  have  ruined 
themfclves  by  thefe  refearches,  and  propagated  a  thoufand 
idle  fables,  current  to  this  day,  among  our  country  farmers. 

As  Fletcher,  throu;rh  the  whole  of  his  adminifl:ration, 
had  been  entirely  influenced  by  the  enemies  of  Leifler  ;  no- 
tliing  could  be  more  agreeable  to  the  numerous  adiierents 
of  that  unhappy  man,  than  the  earl's  difaflectionto  the  late 
governor.  It  was  for  this  reafon,  they  immediately  devoted 
1  themfelvesto  his  lordfliip,  as  the  liead  of  their  party. 
I     The  majority  of  the  members  of  the  council  were  Fletch- 
er's friends  ;  and  there  needed  nothing  more  to  render  them 
obnoxious  to  his  lordfliip.  Lcifler's  advocates,  at  the  fame 
time,  mortally  hated  them  ;  not  only  becaufe  they  had  im- 
brued their  hands  in  the  blood  of  the  principal  men  of  their 
party,  but  alfo  becaufe  they  had  engrofled  the  fole  conii- 
dence  of  the  late  governor,  and  brought  down  his  rc(ent- 
ment  upon  them.  Hence,  at  the  commencement  of  the  earl's 
adminiftration,  the  members    of  the  council  had  every 
thing  to  fear  ;  while  the  party  they  liad  deprefled,  be- 
gan once  again  to  ere(fb  its  head  under  the  fmiles  of  a  gover- 
nor, who  was  fond  of  their  aid,  as  they  were  folicitous  to 
I  conciliate  his  favour.  Had  the  earl  countenanced  the  ene- 
j  mies,  as  well  as  the  friends  of  Leifler,  which  he  might  have 
*!one,  hvs  adminiflration  ^Yould  douutleis  have  been  ealier 


tof  THEHISTOHY 

tohimfclf  aTi<l  aHvamagemis  to  the  province.  Bm  hrt  4fW 
flexible  avc  fion  lo  Fletcher  prevented  bis  acting  wiili  ihgit 
moderaiion,  which  was  jiecettary  to  enable  him  to  govcra 
botli  pa'  Ljes.  The  fire  of  his  temper  appeared  very  early, 
on  his  fiif;>eiidjng  mr.  Nicoll  from  the  board  of  conncU, 
mid  obliging  him  to  enter  into  a  rccognizaBce  in  2ooq1.  to 
ajifwer  tor  hjoi  conduci  relating  to  the  protections.  Bm  hii 
fpeec  i  to  tlic  new  aliembiy,  convened  on  the  i8th  of  May, 
^-ve  t'lf  fulldt  evidence  of  hb  abhorrence  of  the  late  ad- 
jniniltrarion.  Piiihp  French  was  chofen  fpeaker,  and  waited 
upon  his  excellency  with  the  houfe,  when  his  loi-djhip  Ipokc 
to  them  in  the  foilowing  manner  : 

**  I  cunnot  but  obfei^e  to  yon,  what  a  legacy  my  prede- 
ceilb'-  has  Irfi  me,  and  what  difficnlties  to  ftrug^e  with  ; 
a  divi'JeJ  people,  an  empty  pa rfe,  a  few  miferable,  naked, 
half-rtarvci  foidiers,  not  half  the  number  the  king  allowed 
payfo'*:  the  iortificarions  and  e^en  the  govcmor's  houfe 
vciy  much  out  of  lepair,  and,  in  a  word,  the  v.  hole  go- 
Tcnraient  out  of  f-anie.  It  hatli  been  reprciented  to  the  go- 
*tc  nmcnrin  .  ngland,  that  this  province  has  been  a  noted 
recrpacle  of  pirates,  and  the  trade  of  it  under  no  leftricJii- 
tn,  bm  the  acfts  of  trade  violated  by  tiic  negleCt  and  con- 
nivance o/  thofe,  whofe  duty  it  was  to  have  prevented  it." 

After  this  introduction,  he  puts  them  in  r«ind  that  the 
reren-ie  v»;as  near  expii-ing.  It  would  be  hard,  fays  lie, 
if  1  tliat  conic  among  you  with  an  honeft  mind,  and  a  refo- 
la- jon  ro  be  j  ift  to  your  intei'eft,  fhould  meet  with  grearer 
cli^cuhies,  in  the  vlifciiarge  of  his  majefty's  fervice,  tliau 
tliofe  tiiat  have  gone  before  me.  I  will  take  care  there  lhail 
b?  no  mifjpplication  of  the  public  money.  I  will  pocket  none 
of  it  myfelf,  nor  fhall  there  be  any  embezzlement  by 
tft^iers  ;  b  it  exact  accounts  fliall  be  given  you,  when,  and 
as  oiien  as  you  lhall  require." 

It  wa?  cullomary  with  Fletcher,  to  be  prefent  in  tlie 
field,  to  iriH  jence  elecftions  ;  and  as  tlie  ailembly  confifted, 
at  this  lime,  of  but  nineteen  members,  they  were  too  eali- 
ly  iriilaeiiced  to  ferve  the  private  ends  of  a  fa<ftioii.  For  that 
reafon,  his  lordihip  was  warm  in  a  fcheme  of  increafing 
tlieir  number,  at  prefent,  to  thirty,  and  fo,  in  proportion, 

liie  colony  became  more  populous ;  and  hence  we  find 
the  following;  daufe  in  his  fpeech.  You  cannot  but  know, 
ir'nat  abufcs  have  been  formerly  in  elections  of  members,  to 
fr-ve  in  the  general  aflbmbly,  which  tends  to  the  fubverfion 
of  your  liberties.  I  do  therefore  recommerixi  tlie  making  of 
a  law  to  provide  againft  it," 

The  houfe,  though  unanimous  in  a  hearty  addrcfs 
i^aaks  to  the  governor  for  his  fpeech,  could  fcarce  a^ec 


O  ^   N  E  W  -  Y  O  R  K. 


i|5on  any  thing  elfe.  It  was  not  till  the  beginning  of  June, 
before  they  iia  l  fiiiiftieJ  the  controveifies  reja:ing  to  the 
are  turbulent  eleclions  ;  and  even  theniixmenibeis  ieceded 
Tom  the  hoiife,  which  obli  Tcd  his  excellency  to  cUfiblvethe 
iriembly  on  the  14th  or  juue,  169S.  About  the  lame  tiir.e, 
;he  gove  rnor  difmiiled  two  of  the  council  ;  Pinhorne,  for 
lilreibectful  words  of  the  king,  and  Brook,  the  receiver- 
yeneriil,  who  was  alio  turned  out  dt  that  office,  as  well  as 
removed  from  liis  place  on  the  bench. 

In  July,  the  difputes  with  the  French,  concerning  the  ex- 
•hanging  of  piifoiiers,  obliged  his  exceliej.cy  to  go  up  to 
'\lbany.  When  the  earl  fent  the  account  of  the  conclulion 
>f  the  peace  to  the  governor  of  Canada,  all  th.e  French  pri- 
oners,  in  oar  cuilody,  were  reldored,  and  as  'o  thofe  among 
:he  Indians,  he  promifcd  to  order  them  to  be  f^fely  elcort- 
?d  ro  Montreal.  His  lordlhip  then  added,  I  doubt  not, 
Ir,  that  you,  on  your  part,  will  alfo  ifliie  an  order  to  i  c- 
leve  the  fubjecrs  of  the  king,  captivated  dui  ing  the  war, 
•viiether  chriltians  or  Indians.'* 

The  count,  fearful  of  bemg  drawn  into  ah  implicit  ac- 
viiowledgment,  tiiat  the  five  nations  were  fubjet't  to  the 
Luglifh  crown,  demanded  the  Frei.ch  prifpners,  among  the 
Indians,  to  be  brought  to  Montreal ;  threatening,  at  the 
fiii'.e  time,  to  continue  the  war  againlt  theconftde.a.:es,  if 
V  did  not  comply  with  his  requell.  After  the  earl's  in- 
iew  wiLhthem,  lie  w?  otea  <econd  letter  *  to  the  count, 
inionning  iiiin  tirat  they  had  importunately  begged  to  con- 
tinue under  the  protecaon  of 'he  Englifli  crown,  profeliing 
an  mviolable  fubjection  and  Ikleliry  to  his  nr-  jefty  ;  and  that 
the  five  nations  were  always  confide^ed  as  It.bjects,  which, 
fays  liis  lordfnip,     can  be  manifeftcd  to  all  the  world  by 
authentic  and  folid  proofs."  His  loidHilp  added,  that  he 
would  notfuiTer  them  to  be  mfidted,  aiul  th  eatened  to  exe- 
cute the  law  s  of  Ens;land  upon  the  millionavies,  if  they  con- 
tinued any  longer  in  the  live  cai  tons.  A  refolv.te  fpirit  runs 
through  the  wliole  letter,  which  concludes  in  thele  words  : 
if  it  is  necellary,  I  will  arm  eveiy  man  in  the  provinces, 
under  my  government,  to  oppofe  yon  ;  and  redrefs  the  in- 
j»iry  that  you  may  perpetrate  againft  our  Indians."  The 


*  Charlevoix  has  priblifhed  both  thefe  letters,  at  large, 
together  with  count  Frontenac's  aniwer.  I  have  had  no  op- 
portunity of  cnquirinq:  into  th?  jefoit's  integ- ity  in  the 'e 
tranfciiprs,  being  uiiablc  tofiiid  his  ioidihip  s  letiers  in  the 
fecretary's  ofnce.  ? 


THE  HISTORY 


count,  in  his  anfw^r,  propo(cd  to  refer  the  difpute  to  tli€h< 

cainmiflarics,  to  be  appointed  accorvlint^  to  tlic  treaty  of 
Ryfwick  j- ;  biic  the  earl  coiiti.iacd  ilie  claim,  iiifilting  th»i> 
the  French  prifoaL-rs  OiJuKl  be  delivered  up  at  Alb  my. 

The  rVciich  count  d/iiitv  w'lilc  this  matier  \vd&  contro- 
Tortcd,  inonliear  Je  Ca\lie  -«s,  his  fuccclibr,  fcnt  anibaUa- 
do:*s,  the  next  year,  to  Onoiida/ra,  there  to  regulate  ilic 
cxchau^^e  of  piirone  s,  which  was  acconiplinicd  witlxout 
the  earl's  cjnfent  ;  and  ihas  the  iinporiant  point,  in  dil- 
piite,  rcinaiuc  I  un  ctiled.  The  jefuit  liruyxs,  who  was  up- 
on this  embadajre,  offered  to  live  at  Onondaga  ;  but  tlic 
In  liang  rcfafedhis  belt,  layinjr  that  Co/lear,  or  the  govcr- 
nor  of  New- York,  had  alrc.icly  oftered  them  niiaiftcrs  for 
their  inltruciion. 

Great alte.ationVwere  made  in  council,  at  his  cxcellency't 
return  from  Albany.  Ilayard,  Mienviclle,  Willet,  Townly, 
ajid  Lawrence,  were  all  fufpended  on  the  iSth  of  Septem- 
ber ;  and  colonel  Abrahaui  Depeyftcr,  Robert  Livingiton, 
and  Samuel  Staats,  calle  d  to  that  board.  The  next  day,  Fre- 
derick Philip!c  religned  his  feat,  and  Robert  Walters  wai 
fworn  in  his  Iteatl. 

Tile  new  alleinbly,  of  which  James  Graham  was  chofen 
fpca]:cr,  met  in  the  fp  'ing.  His  excellency  fpoke  to  them 
an  th^  2  ill  of  March,  1699. 

As  the  Ute  adeinbly  was  principally  compofed  of  Anti- 
Leiilc:  ians,  i'o  this  confdled,  ahnoil  entirely,  of  the  oppofitc 
p  u  ry.  The  elections  were  attended  with  g.  eat  outrage  and 
tanitdt,  and  maiiy  applications  made,  relatincr  to  there- 
turns  ;  but  as  Abraham  Govcnieiir,  who  had  been  fecretary 
to  Leiller,  got  returned  for  Orange  county,  and  was  very 
acftive  in  the  houfe*,  all  the  petitions  were  rejected  with, 
oi't  ceremony. 

Among  tlic  principal  at^ts,  pafled  at  this  feffion,  there 
was  one  tor  inde  iuiifying  thofe  who  were  excepted  out  of 
tJic  general  pardon  in  1691  another  a gainll  pirates  ;  onit 
for  the  fettiemcnt  of  Milborne's  edare  ;  and  another  to. 
raife  fifteen  hundred  pounds,  as  aprefent  to  his  lordfliip, 
and  five  hundred  pounds  for  the  lieutenant-governor,  hii 


•  f  The  CO  int  mifunderftood  the  treaty.  Noprovifion  was 
made  by  it  for  commifi-iries  to  fettle  the  limits  between  the- 
KngUfli  and  F  encli  poflelSons,  but  only  to  examine  and  de- 
termine the  controverted  rights  and  pretenfions  to  Hudfon'ir 
Bay. 

^-  Mj*,  Govern  em*  married  Milborne's  widow. 


Of    N  E  W  .  Y  O  R  K. 


Idnfman,  Befides  which,  the  revenue  was  continued  for  {i:t 
years  longer.  A  necellary  law  was  alio  made  for  the  rei2,ii- 
lation  of  elections,  cojitaining  the  fubllance  of  liiQ 
Englifii  itatutes  of  8  Hen.  VI.  cuap.  Vil.  and  the  7  and  8 
Will.  III. 

This  aflembly  took,  alfo,  into  confideration  Hindry  ex- 
travagant grants  of  land,  which  ccloncl  f  Ictciier  had  made 
to  fcveral  of  his  favourites.  Among  tiiefe,  two  giants  ro 
Dellius,  the  Dutch  niiniller,  and  one  to  Nicholas  Eayaid, 
were  the  moft  confiderable.  Dellius  was  one  of  the  com- 
iniHioners  for  Indian  alFairs,  and  had  fradulently  obtained 
the  Indian  deeds,  according  to  wliichthe  patents  had  b-een 
granted.  One  of  the  grants  included  all  the  lands  within 
tweUe  miles  on  the  ealt  fide  of  Hudfon's  river,  and  eiitend- 
ed  twenty  miles  in  length,  from  the  no.-th  bounds  of  Sa- 
raghtoga.  The  fecond  patent,  which  was  grr.nied  to  iiim  in 
company  with  Pinhovne,  Uancker,  and  otlici  s,  contained 
all  the  lands,  wiihin  two  miles  on  each  iideof  the  Mohawks 
river,  and  along  its  banks  10  the  extent  of  fifty  miles. 
Bayard's  gi*ant  was  alfo  for  lands  in  that  country,  and  very 
exiravngant.  Lord  Belhiniont,  who  juflly  thought  theie 
great  patents,  with  the  trifling  annual  rel'ervatien  of  a  few 
Ikins,  would  impede  the  fettlement  of  the  country,  as  well 
as  alienate  the  affections  of  our  Indian  allies,  wifely  pro- 
cured recommendatory  inftruc'tions  from  the  lords  jufticcs, 
for  vacacing  thofe  patents,  which  was  now  regularly  ac* 
complifhed  by  a  law,  and  Dellius  thereby  fufptndcd  frojfil 
his  miniltcrial  fundtion. 

The  earl  having  thus  carried  all  his  points  at  Kewi 
York,  fet  out  for  Bolfon  in  June,  where,  after  he  hud  fet- 
tled his  falary,  and  apprehended  the  pirate  Kidd,  he  re- 
turned here  agajn  in  the  fall. 

•  The  revenue  being  fettled  for  lix  years,  his  lordfliip  had 
no  occafion  to  meet  tlie  aflembly  tiii  the  fummer  of  the  year 
1700,  and  then  indeed  little  elle  was  done,  than  to  pais  a  few- 
laws.  One  for  hanging  every  popifli  prielt  tliat  can, e  volun- 
tarily into  the  province,  which  v.as  cccafioned  by  the  great 
number  of  French  jefuits,  who  were  continually  piadtifing 
upon  our  Indians.  By  another,  proviiion  was  made  for  erect- 
ing a  fort  in  the  country  of  the  Oiiondagas  ;  but  as  ihiGwas 
repealed  a  few  months  after  the  king's  presiding  for  that 
purpofe,  fo  the  former  continues,  as  it  forever  ought,  in 
full  force  to  this  day. 

The  earl  was  a  man  of  art  r^nd  polite  manners,  and  being 
a  mortal  enemy  to  the  Frencl;^  as  well  as  a  lover  of  libert^^ 


ZIf 


THE  HISTORY 


he  would  doubrlefi  have  been  of  confiderable  fervicc  to  the  >- 
colony  ;  but  lie  died  here  on  the  5th  of  March  in  1701, 
when  he  was  but  juft  become  acquainicd  with  tlie  co-. 
lony. 

The  earl  of  nellamont's  death  was  the  fource  of  new 
troubles  ;  for  Na.ifan,  the  lieiitenant-go\ernor,  beiji^  llicu 
u^jfent  in  BarbaJocs,  hii;h  tiil'putes  aiol'e  anioij<rthe  coun- 
(eilors,  concerning  the  exeiciieof  the  power.",  of  goNeni- 
mcnt.  Abraham  dc  i^c%itcr,  bamiiel  Staais,  Robert  \\  alters, 
and  Thomas  Weavci,  who  hdcd  with  the  |>ai  ty  tliat  ad- 
hered to  Leiller,  iniillcd  thai  tlie  government  wus  dcvclved 
upon  the  council,  wiio  had  a  right  10  act  by  a  majority  of 
voices  ;  but  colonel  Smith  coniemlcd  tiiat  all  the  powers  of 
the  late  governor  were  devolved  »  pon  him,  as  pielident,  he 
being  the  eldcll  member  of  tha:boaid.  Colonel  Schuyler, 
and  Robert  Livingllon,  who  did  not  arrive  in  town  till  the 
2ilt  of  r.ia  cli,  joined  mr.  Smith,  iwid  refulcd  to  appear  at 
the  council-board,  till  near  the  middle  of  April.  '1  he  alieiur 
bly,  which  was  convened  on  the  zd  of  that  monih,  were 
in  equal  perplexity  ;  for  they  adjourned  from  day  to  day, 
"Vvaiting  the  ifiue  of  this  rupture.  Both  parties  continuing 
indexible,  thofe  mend^eis,  whooppofed  colonel  Smith,  lent; 
down  to  the  houfe  a  reprefentaiion  of  tlie  cor.trovcrfy, 
alhg;nn|T  a  nmnber  of  reafbns  for  the  fitting  cf  the  aliem- 
bly,  which  the  houfe  took  into  their  confideration,  and  on 
the  i6th  of  April  -elblvcd,  that  the  execinion  of  the  earl's 
commiflion  and  inlh  uctions,  in  the  abfence  of  the  lieute- 
nant-governor, was  the  right  of  the  counril  by  majority 
of  voices,  and  not  of  any  i  n  pie  mcndjer  of  that  board  ;  and 
this  was  afterwards  the  opinion  of  the  lords  of  trade.  The 
difputes,  neverthelefs,  continuing  in  the  council,  llremtoufly 
ft'pported  by  mr.  LivingfLon,  the  houfe,  on  the  19th  of 
April,  thought  proper  10  adjourn  thcmfelves  to  the  hrft 
Taefday  in  June. 

In  this  interval,  on  the  19th  of  ^lay,  John  Nanfan,  the 
lieutenant-gove.  nor,  a  Tivcd,  ajid  fe' tied  the  controveify, 
by  taking  upon  himfelf  the  liip.  eme  ro:nmand. 

Upon  mr.  Nanfan's  arrival,  v.  e  had  the  agreeable  news, 
that  the  king  had  given  two  thoiifand  pov.nds  fieri ing,  for 
the  defence  of  Albany  and  Schenecta^ly,  as  well  as  five 
hundred  pounds  more  for  erecting  a  fort  in  the  country  of 
the  Onondagas.  And  not  long  after  an  o  Hinance  wasiliaed, 
ar^reeable  to  the  fpecial  direction  of  the  lords  of  trade,  for 
jerecfting  a  court  of  chancery,  to  fit  the  fnfl:  Thurfday  ii\ 
jEvery  month.  By  this  ordinance  the  powers  of  tl;e  chjuis 


OF    N  E  W  .  Y  O  R  K. 


113 


sHlor  were  vefted  in  the  governor  r.nd  coimcil.  or  any  two 
of  that  board  :  commillions  were  alio  granted,  apponitirg 
mafters,  cleiks,  and  a  regilter  :  fo  tlia:  this  court  was  ccii4- 
pletelv  orsaiiized  on  the  2d  of  September,  i  701. 

Atvv'GOiC  "^^^o  ^"^^  t^^^"  jui'  ice  of  the  lupreme 

court,  w  as  now  fworn  of  the  council.  Abraham  gc  Pevfter, 
and  F.obert  \\  alters  were  his  alhltants  on  tlie  bench  ;  and 
the  former  was  alfo  made  depnty  auditor-genera],  under 
mr.  Biaithwait.  Samp.on  ijheltou  Kroiighion  was  the 
atioriiey-f  eneral,  and  came  into  that  ofiice  vhen  Atwot  d 
took  hi'slcat  on  tl.e  bench,  before  the  deceai'e  cf  loi  d  tiel- 
lamont.  Both  thefe  had  their  commiHions  frcm  Lngland. 
Tlie  lieutenant-governor,  and  the  major  part  of  the  boajd 
of  council,  toj^ether  with  the  feveral  otticeis  above  named, 
being  itrongly  in  the  intereft  of  the  Leiiletirn  pany,  it  wv-s 
not  a  little  iiirprilii.fr,  that  mr.  Nanfan  diilolvcd  vhc  late 
aiiembly  on  the  lit  cf  June  lalt. 

Great  were  the  hiuggles  at  the  enfuing  clec^dcns,  wl)ich, 
however,  geriei  ally  prevailed  in  ia^our  of  thcfc  who  joined 
Leiller  at  the  revolution  ;  and  hence,  when  the  licw  aflem.T 
bly  met  on  the  loth  of  Au'^ufl  lyci,  Abraham  Governeur 
was  elec^ted  for  their  Ipcaker.  Dntchcfs  was  thought  here- 
tofore incapable  of  beanng  the  cha,  ge  of  a  repiefentation  ; 
but  the  people  of  that  county  ,  now  animated  by  the  heat  of 
the  times,  lent  Tacob  Rutl'en  and  Adrian  Garretfen  to  re- 
p.efent  them  in  aiiembly. 
I     Mr.  Nanfan,  in  his  fpeecli  to  the  houfe,  informs  them  of 
the  memorable  grant  made  to  the  crown,  on  the  19th  of 
julv,  by  the  five  nations,  of  a  vait  traCt  of  land,  to  prevent 
the'neceiiity  of  their  lubmitting  to  the  French  in  cafe  of  a 
war  ;  and  that  his  majefty  had  given  out  of  his  exchequer 
two  thcnfand  five  hundred  pounds  fie  Ihig,  for  forts,  and 
eight  hundred  pounds  to  be  laid  out  in  prefentsto  the  In- 
dians ;  and  that  he  had  alio  icttlcd  a  lalary  of  three  hun- 
dred pounds  on  a  chief  juftice,  and  one  hundred  and  fif  .y 
potmds  on  the  attorney-general,  who  were  both  now  arrived 
here. 

The  fire  of  contention,  which  had  lately  appeared  in 
the  tumultuous  ele(ftions,  blazed  out  afrclli  in  the  houfe. 
NicoU,  the  late  counfellor,  got  himfelf  elecfted  for  Suffolk-, 
and  was  in  hopes  of  being  feared  in  the  chair :  bnt  Abraham 
I  Governeur  was  chofen  Ipeaker.  Several  niembevs  contended, 
1  that  he,  being  an  alien,  was  urq'^alified  for  that  flation. 
I'  To  this  it  was  onfwered,  that  he  was  in  the  province  in  the 

I  year  i68q,  at  the  time  of  pafling  an  act  to  naturalize  all  the 

II  free  inhabitants,  profeUing  the  chriflian  religion  ;  and  thai; 


114 


The  history 


for  this  reafon,  the  fame  objection  againtt  lilm  had  beeci'' 
over-ruled  ai  rhc  lalt  allembJy.  In  ictuni  lor  tliii  attack, 
(jovcrncur  difputed  Nicoll  s  right  of  htting.is  a  inembcr  of 
that  houi'e  ;  and  fuccccded  ui  a  relblve,  that  he  and  mr. 
Wcficls,  wiio  had  been  rcLiuTicd  for  nlbany,  wevc  both  un- 
qualified according  t(»  the  late  act,  they  beinc;  neither  of 
tncm  rcfideiiLS  in  tiie  rcfpective  coamies  lor  v.hicii  they 
"Were  chofcn.  This  occaiioned  an  imjirudcnt  Icccllion  of 
•fevcn  members,  wiio  had  joined  Uie  interclt  of  nir.  Nicoll  j 
•which  f^vc  their  advei  ia.  itb  an  opportunity  to  expel  them, 
and  iiui  ovl  n  c  otbtis  in  ilicir  Head. 

Anion^  tiu'  ii  ft  oppolc.  s  of  captain  Leillcr,  none 
roore  coiifiderablc  than  uir.  Livinglton.  The  meafurcs  of 
the  conveiiTioii  at  Albany  were  veiy  much  directed  by  his 
advicc;  a.id  he  was  peculiai  ly  obnoxious  to  his  adverfaries, 
bccaule  he  was  a  man  of  fcnle  and  rcfolution,  two  qualifi- 
cations ra  cly  to  be  found  imitetl  in  one  pcrlon  at  that  day. 
Mr.  Livinglton's  intimacy  wit ii  the  late  eail,  had,  till  thit 
time,  bcoji  iiii  defence,  a^ainil  the  ra;Te  of  tin.*  pai  ry  which 
lie  liad  fornierly  oppofcd  :  but  as  that  lord  was  now  dead, 
and  un*.  Li\  in;yiton'3  conduct  in  council,  in  favoui-  of  colonel 
Smith,  had  g-lvcn  frcf^i  ])rovocalion  lo  his  enemies,  they 
were  fully  bent  upon  his  deiiruction.  It  was  m  execuiion  of 
this  fchemc,  that  as  foon  as  ilic  difputed  elections  weio 
over,  the  houfe  proceeded  to  examine  the  itate  of  the  pub* 
lie  acco  inis,  which  they  partly  beoan  at  the  late  ailcmbiy. 

The  pretence  was,  thut  he  rciuled  to  account  for  tiie 
public  monies,  he  liad  formerly  received  out  of  the  cxcilie  ; 
upon  which,  a  committee  of  both  hoMfes  advifed  the  palhng 
a  bill  to  co.ifi'care  his  ellate,  unlefs  he  agreed  to  account  by 
a  certain  day.  liut  ir.iiead  of  this,  an  act  was  aftcrsvard* 
pafled  to  oblige  him  to  account  for  a  fum  amounting  to 
near  eighteen  thoufand  pounds.  W  iiilc  this  matter  wa» 
traiifacting,  a  new  complaint  was  forged,  and  lie  was  fum- 
moned  before  another  committee  of  bo:li  houfes,  relating 
to  his  procuriiig  the  five  nations  to  figuify  their  dcdi  e  that 
lie  Ihould  be  lent  home  ro  folicit  their  affairs.  The  crimi- 
nality of  this  charg*^  cari  b '  feen  only  through  the  partial 
optics,  with  w  hich  his  enemies  then  Icanned  his  behaviour, 
Bef -les,  there  was  no  evidence  to  fuppo.  t  it,  and  therefore 
tlie  committee  required  him  I o  purge  himfelf  by  his  own 
oath.  TvL*.  Living-Ion,  who  was  better  acquainted  with 
Engliih  law  and  liberty,  than  to  countenance  a  pra<ftice  fo 
(Rclious,  rejec^ted  the  infolent  demand  Avith  difdain  ;  cpon 
which  the  hoafe,  by  advice  of  the  committee,  addrefled 
iie  Ueuteaaiit-governor^  to  pray  his  niajefty  to  remove 


O  F   N  E  W-Y  O  R  K. 


tiim  from  his  office  of  fecretary  of  Indian  afiairs,  snd  that 
the  govenior,  in  the  nican  time,  would  lufpend  iiim  fi.Oiii 
the  exercife  of  his  commiiiion*. 

It  was  at  this  favourable  conjunAure,  that  Jacob  Leifler's 
petition  to  the  king,  and  his  majefty's  letter  to  the  late  carl 
of  Beliamont,  we ;e  laid  before  the  afiembly.  Leiller,  dif- 
pleafed  with  the  repoi  t  of  the  lords  of  trade,  that  his  fa- 
ther and  his  brother  Milborne  hadfufFered  according  to  law, 
laid  his  cafe  before  the  parliament,  and  obtained  an  adl  to 
reverfe  the  aLtainder.  Afrer  which,  he  applied  to  the  king, 
complaining  that  his  father  had  difburfcd  about  four  thou- 
fand  pounds,  in  purchafing  arms,  and  forwarding  the  re- 
volution ;  in  confequence  of  which  he  procured  the  follow^ 
ing  letter  to  lord  Beliamont,  dated  at  Whitehall  tlie  itli^ 
of  Februaiy 

"  My  Lord, 

'*  "  THE  kin^  being  moved  upon  the  petition  of  mr.  Ja- 

ebb  Leiller,  and  hnving  a  gracious  fcnfe  of  his  father's  fer- 
vices  and  fulferings,  and  the  ill  circumftances  the  petitioner 
is  thereby  reduced  to,  his  majeily  is  pleafed  to  diredl,  that 
the  fame  be  tranfmitted  to  y^ur  lordfliij?,  and  that  you  re- 
commend Ins  cafe  to  the  general  allcmbly  of  New- York, 
being  the  only  place,  where  he  can  be  relieved,  and  the 
prayer  of  his  petition  complied  with.  I  am. 
My  lord,  your  lordfhip's 
'*  Moil  obedient  and  humble  fervant, 

Jersey." 

;  As  fbon  as  this  letter  and  the  petition  were  brought  int» 
the  houfe,  a  thoufand  pounds  were  ordered  to  be  levied  for 
the  benefit  of  mr.  Leiller,  as  well  as  feveral  fums  for  other 
perfons,  by  a  bill  for  paying  the  debts  of  the  government  ; 
w  hich,  neverthelefs,  did  not  pafs  into  a  law%  till  the  next 
fbffions.  Eveiy  tiling  that  was  done  at  this  meeting  of  the 
allembly,  which  continued  till  the  iSrh  of  Oclober,  was  un- 
der the  influence  of  a  party  fpiric  ;  and  nothing  can  be  a  ful- 
ler evidence  of  it,  than  an  incorrcL't,  impertiricnt  addrefs 
to  his  majeily,  which  was  drawn  up  by  the  houfe,  at  the 
clofe  of  the  feffion,  and  figned  by  fourteen  of  the  members. 
k  contams  a  tedious  narrative  of  their  proceedings,  relating^ 


*  Mr.  Livingfton's  reafon  for  not  accounting  was  truly 
"imanfvverable  ;  his  books  and  vo  .ichers  were  taken  int# 
*lie  hand*  of  the  government,  and  deiained  from  him. 


ii6 


THE  HISTORT 


to  the  difpujcd  elections,  and  concludes  with  a  little  mcdtif^,  ' 
to  regale  fbinc  of  tlie  then  priacipal  agents  in  the  public  . 
aiFuiis,  ill  tnele  wortls  : 

"  This  necell'iry  account  of  ourfelvcs  and  our  unhappy 
divifions,  wiii.  h  wc  liope  tlie  moderation  of  our  licutciiant'' 
govciuor,  tlic  wifuoni  and  prudence  of  William  AtwoiMl,  . 
cfcj.  oar  ciiief  j'lltice,  and  l  iioi'ias  \7 caver,  elq.  your  ma- • 
jcity's  collector  and  rc.  eiver-;;encrai,  mi^/Ut  iiavc  healed,  . 
Sve  lay  bcfo.e  your  majelby  avuIi  ad  iiunulicy,  and  deep  . 
fcnl"jofyour  juajelty's  «»,ooduels  to  us,  lastly  expreiled  in 
fjndin[r  over  i'o  cxctUent  a  pcTibn  to  l)e  Oiir  cliief  jultice.'* 
Tiic  news  of  the  king's  having  appointed  lord  Cornbury 
to  fucceed  the  carl  of  bellamont,  lo  Itronf^ly  anin>ated  the 
hopes  of  the  Anli-Leiilerian  party,  tliat  about  the  coin- 
meuccmeijt  of  the  year  i  70J,  Nicholas  IJaya  d  promoted  fe--. 
veial  addred'crs  lo  the  ^ing,  the  parliament,  and  loid  Corn- 
bary,  which  we- e  fu blc'  ibed  at  aiavern  kepi  by  one  Hutch- 
ins,  an  alderman  of  tiie  city  of  New-York.  In  that  to  his 
niajelty,  tliey  adlire  him,     That  liie  late  diiTerences  wero 
not  groa?ideJ  on  a  rcga.d  to  his  inlcrell:,  but  the  corrupt 
defigiis  of  thofe,  who  laicl  hold  on  an  opportunity  to  en- 
rich ihemfelvcs  by  the  I'poils  of  their  neighbours."  The 
p  tirion  to  the  parliamcwt  fays,  that  Leiiier  and  his  ad- 
herents gained  the  fo.  t  at  the  revolution  without  any  op-  : 
poficion  ;    that  he  onprefil-d  and  imprifoncd  the  people', 
without  canfe,  plundered  them  of  their  goods^  and '  om-* 
p -died  tiic.n  r*)  liee  then*  country,  though  they  were  well 
afrc:ift;^d  to  the  prince  of  Or.mge.  That  the  carl  of  Bella- 
mont appointed  indigent  flieriffs,  who  returned  fach  mem. 
hers  to  the  allembly  as  were  unduly  el et'ted,  and  in  his 
lo'dHiip's   ePie^m.    That  he  fjfpended  many  from  the' 
boa  -d  of  council,  who  were  faithful  fervants  to  the  crown,- 
inLroducing  his  own  tools  in  their  (lead.  Nay  they  denied 
the  authority  of  the  late  adembly,  and  added,  that  the 
houfl?  had  bribed  both  the  lieuren.int-govcrnor  and  the' 
chief  j  allice  ;  the  one  to  pafs  their  bills,  and  the  other  to- 
defend  tlie  legality  of  their  proceedings.   A  third  addreft 
was  prepared,  to  be  p  -efentcd  to  lo^d  Conibury,  to  congra-- 
tulate  his  arrival,  as  well  to  prepoflcfi  him  in  their  favour, 
as  to  prejadlc?  hiinagainft  the  oppoflte  party. 

Nothing  could  have  a  more  natural  tendency  to  excirethe 
wrath  of  the  lieutenant  governor,  and  the  reyengeofthe 
council  and  a^embly,  than  the  reflexions  containetl  in  thofc 
feveral  addrefles.  Nan  fan  had  no  fooner  received  intelligence 
of  them^  than  he  fuminoned  llatchins  to  deliver  them  up  to 


OF   NEW  -  YORK. 


him,  and  upon  his  refufal  committed  him  to  jail,  ©a 
the  i^th  of  January.  The.  next  day  Nicholas  Bayard, 
Rip  Van  Dam,  Philip  French,  and  Thomas  Wenham,  hot 
with  party  zeal,  fent  an  impnident  addrefs  to  the  lieute- 
nant-governor, boldly  juftitying  the  legality  of  the  ad- 
drefs, and  demanding  his  discharge  out  of  cullody..  I  have 
before  taken  notice,  that  upon  Sloughter's  arrival  in  1691, 
an  ac^  was  pafled,  to  recognize  the  right  of  king  William 
and  queen  Mary  to  the  fovereignty  of  this  province.  At  the 
end  of  that  law,  a  claufe  was  added  in  thefe  words,  "  That 
whatfoever  perfon  orperfons  fliall  by  any  manner  of  ways, 
or  upon  any  pretence  whatfoever,  endeavour  by  force  of 
arms  or  otherwile,  to  difturb  the  peace,  good,  and  quiet  of 
their  majelties'  government,  as  it  is  now  Citablilhed,  fhall  be 
deemed  and  elleemed  as  rebels  and  traitors  unto  their 
niajefties,  and  incur  the  pains,  penalties,  and  forfeitures, 
as  the  laws  of  England  have  for  fuch  offences  made  and  pro- 
vided." Under  pretext  of  this  law,  which  Bayard  himfelf 
had  been  perfonally  concerned  in  enac^ting,  mr.  Nanfan  if- 
fued  a  warrant  for  committmg  him  to  jail  as  a  traitor,  on 
the  2 1  ft  of  January  ;  and  leil  the  mob  fhould  interpofe,  a 
company  of  foldiers  for  a  week  after,  coiiftantly  guarded 
the  prifon. 

Through  the  uncertainty  of  the  time  of  lord  Cornbury's 
arrival,  mr.  Nanfan  chofe  to  bring  the  prifoner  to  his  trial, 
as  foon  as  poflible  ;  and  for  that  purpofe  iflued  a  commiffion 
of  oyer  and  terminer,  on  the  I2tli  of  February,  to  William 
Atwood,  the  chief  juftice,  and  Abraham  De  Peyfter  and 
Robert  Walters,  who  were  the  puiihe  judges  of  the  fu- 
preme  court  ;  and  not  long  after  Bayard  was  arraigned, 
indidled,  tried,  and  convicted  of  high  treafbn.  Several 
-reafons  were  afterwards  offered  in  arreft  of  judgment ;  but 
»as  the  prifoner  was  unfortunately  in  the  hands  of  an 
enraged  party,  Atwood  over-ruled  what  was  offered, 
and  condemned  him  to  death  on  the  i6th  of  March.  As  the 
procefs  of  his  trial  has  been  long  fnice  printed  in  the  ftate 
trials  at  large,  I  leave  the  reader  to  his  own  remarks  upon 
ithe  conducft  of  the  judges,  who  are  generally  accufed  of  par- 
tiality. 

Bayard  applied  to  mr.  Nanfan  for  a  reprieve,  till  hia 
majefty's  pleafure  might  be  kno\vn  ;  and  obtained  it,  not 
without  great  difliculty,  nor  till  after  a  feeming  confeflion 
of  guilt  was  extorted.  Hutchins,  who  was  alfo  convicfted, 
v»^as  bailed  upon  the  payment  of  forty  pieces  of  eight  to 
thefheriff:  but  Bayard,  wno  refufed  to  procure  him  the 
gift  of  a  farm,  of  about  fifteen  hundred  pounds  value,  was 
not  releafed  from  hi  iconfiuement,  till  after  the  arrival  of 


n8  T  H  E    H  I  S  T  O  R  Y 

lord  Cornbury,  who  not  only  gave  his  confent  to  an  a(?l  for 
reverfing  the  late  attainders,  but  procured  the  queen's  con- 
firmation of  it,  upon  their  giving  Iccurity,  according  to  the 
advice  of  fir  Kdward  Northcy,  not  to  bring  any  fuits  againft 
thofe  who  were  conccnicd  in  their  profecution  ;  which  the 
attorney-general  thought  proper,  as  the  a(ft  ordained  all 
the  proceedings  to  be  ol)l iterated. 

After  thelc  trials,  Nanfim  erected  a  court  of  exchequer, 
and  again  convened  the  aflcnibly,  who  thanked  him  for  his 
late  mealiircs,  and  palicd  an  ac't  to  out  law  Philip  French, 
and  Thomas  Wenham,  Avho  abfcondcil  upon  Bayard's  com- 
mitment ;  another  to  augment  the  number  of  reprefcnta. 
tives,  and  levcral  otlicrs,  which  were,  all  but  one,  after- 
wards repealed  by  queen  Anne.  During  this  felfion,  lord 
Cornbury  being  dnily  expec^ted,  the  lieutenant-governor 
fni'pended  mr.  Livinnfton  from  his  feat  in  council,  and  thus 
continued  to  abet  Lciller's  party,  to  the  end  of  his  admini- 
Itralion. 

Lord  Conibury's  arrival  quite  opened  a  new  fcene.  His 
father,  the  earl  of  Clarendon,  adlicrcd  to  the  caufe  of  the 
lare  abdicated  king,  and  always  refufed  the  oaths  both  to 
king  William  and  queen  Anne.  But  the  fon  recommended 
himfclf  at  the  revolution,  by  apjjcaring  very  early  for  the 
prince  of  Orange,  being  one  of  tlic  firiS.  olficers  that  defert- 
cd  king  James's  army.  King  William,  in  gratitude  for  his 
jcrviccs,  gave  him  a  commiilion  for  this  government,  which, 
upon  the  death  of  the  kin^,  was  renewed  by  queen  Anne, 
w  lio  at  the  fame  time,  appomted  him  to  the  chief  command 
of  New- Tericy,  the  government  of  which  the  proprietors 
liad  lately  furrendered  into  her  hands.  As  lord  Conibury 
came  to  this  province,  in  very  indigent  circumftances,  hunt- 
ed out  of  England  by  a  holl  of  hungry  creditors,  he  was 
benr  upon  getting  as  much  money,  as  he  could  fqueeze  out 
of  the  purles  of  an  impoverifhed  people.  His  talents  were, 
perhaps,  not  fupcrior  to  the  moft  inconfiderable  of  his 
predeceflors ;  buc  in  his  zeal  for  the  church  he  was  fnrpafled 
by  none.  With  thefe  bright  qualifications  he  began  his  ad- 
miniftration  on  the  3d  of  May,  1702,  allifted  by  a  council 
confifting  of  the  followmg  members  : 

W^illiamAtwood,  Thomas  Weaver, 

William  Smith,  Sampfon  Shelton  Broughton, 

Peter  Schuyler,  Wolfgang  William  Romar, 

Abraham  de  Peyfler,  W^illiam  Lawrence, 
Samuel  Staats,  Gerard  us  Beekman, 

Robert  Walters,  Rip  Van  Dam. 

His  lordlliip,  without  the  leaft  difguife,  efpouj£ng  the 


O  F    N  E  W-Y  O  R  K. 


.  Aiiti-Lciflerlaii  faction,  Af^voocl,  the  chief  jiiftice,  and 
Weaver,  who  acled  in  quality  of  folicitor- general,  thought 
proper  to  retire  from  his  frowns  to  \'irginia,  whence  they 
failed  to  England  :  the  former  concealing  himfclf  under  the 
name  of  Jones,  while  the  latter  called  himfelf  Jackfon. 

I  Golonel  Heathcotc  and  doctor  Bridges  fucceeded  in  their 
places  at  the  council  board. 

The  following  fummer  was  remarkable  for  an  uncommon 

'mortality,  which  prevailed  in  the  city  of  New- York,  and 
makes  a  grand  epoch  amon^  our  inhabitants,  diftinguiflied 
by  the  time  of  the  great  hcknefs*."  On  this  occalion  lord 
Cornbury  had  his  refidcnce  and  court  at  Jamaica,  a  plea- 
fant  village  on  Long-Ifland,  diftant  about  tsvelve  miles  from 
the  city. 

The  inhabitants  of  Jamaica  confifted,  at  that  time,  partly 
,  of  onginal  Dutch  planters,  but  moftly  of  New-England 
emigrants,  encoui-aged  to  fettle  there,  after  the  farrender, 
by  the  duke  of  York's  conditions  for  plantations,  one  of 
1  which  was  in  thefe  words  :  "  That  every  townfliip  fliould 
be  obliged  to  pay  their  own  minifters,  according  to  fuch 
agreements  as  they  fhould  make  with  him  ;  the  miniller 
.  being  elected  by  the  major  part  of  the  houfeholders  and  in- 
habitants of  the  town."  Tliefe  people  had  crecfted  an  cdi- 
.  fice  for  the  worfhip  of  God,  and  enjoyed  a  handfome  dona- 
i  tion  of  a  parfonage-houfe  and  glebe,  for  the  ufe  of  their  mi- 
!  nifter.  After  the  miniftry  act  was  palled,  by  colonel  Fletcher, 
^  in  1693,  a  few  epifcopalians  crept  mto  the  tow  n,  andview- 
^  ed  the  prclhyterian  church  with  a  jealous  eye.  The  town 
[  vote,  in  virtue  of  wh>  :h  the  building  had  been  creCted ,  con- 
L  tained  no  claufe  to  prevent  its  being  hereafter  engrollcd  by 
I  any  other  fec^t.  The  epifcopal  party,  who  knew  this,  form- 
.  ed  a  defi^i  of  fcizing  the  edifice  for  themfelvcs,  wliich  they 
,  fhortly  after  carried  into  execution,  by  entering  the  church 
between  the  morning  and  evening  fei-^^ice,  while  the  pref- 
^  byterian  minifler  and  his  congi'egation  were  in  \)cvfe6t 
fecurity,  iinfufpicious  of  the  zeal  of  their  advcrfaries,  and 
a  fraudulent  ejeclment,  on  a  day  confecrated  to  lacred 
reft. 

Great  outrage  enfued  among  the  people  ;  for  the  conten- 
tion, being  pro  aris  &  fccis,  was  animating  and  important. 
Tlie  original  proprietors  of  the  houfe  tore  up  their  feats. 


*  The  fever  killed  almoft  every  patient  feized  with  it, 
and  was  brought  here  in  a  vefTel  from  St.  Thomas  in  the 
W.eil  Indies,  atn  ill^nd  remarkable  for  contagious  difeafcs. 


120 


THE  HISTORY 


and  afterwards  got  the  key  and  the  pollelTion  of  the  church, 
nvhich  were  Ihortly  after  again  taken  from  them  by  force 
and  violence.  In  thefe  controverfies  the  governor  abetted 
theepifcopal  zeah)is^  and  han  aHcd  the  others  by  numberleli 
profecutions,  heavy  fines,  and  \ong  imprifonmcnts  ;  thro* 
fear  of  which,  many,  who  had  been  active  in  the  difpute, 
fled  out  of  the  province.  Lord  Combury's  noble  defcciit 
and  education  Ihould  have  prevented  him  from  taking  part 
in  fo  ifrnominious  a  quarrel  :  but  his  lordfliip's  fenfe  of  ho- 
nour and  juftice  was  as  weak  and  indelicate,  as  his  bigotry 
Was  rampant  and  inicontroulable  ;  and  hence  we  finuhini 
guilty  of  an  act  complicated  of  a  number  of  vices,  w  hich  no 
man  could  have  perpetrated  without  violence  to  the  very 
ilightefl  remains  ofgenerofity  and  juitite.  When  his  ex- 
cellency retired  to  Jamaica,  onellubbard,  the  prefl^yterian 
ininiller,  lived  in  the  beft  houfe  in  the  town.  His  lordlhip 
begged  the  loan  of  i:  for  the  ufeof  hisown  family;  andthc 
clergyman  put  himlclf  to  no  fmall  inconvenience  to  fa- 
vour the  governo:  'srequeft  :  but  in  return  for  the  generous 
benefaction,  his  lordfliip  perfidioully  delivered  ihcparfon- 
agc-houfe  into  the  hands  of  the  epifcopal  party,  and  encou- 
raged one  Cardwcl,  the  flieriff,  a  mean  fellow,  who  after- 
Avards  put  an  end  to  hisown  life,  to  fcize  upon  the  glebe, 
which  hefurveyed  into  lots,  and  fanned  for  the  benefit  of 
the  epifcopal  clmrch.  Thcfe  tyrannical  mcafuics  jiillly  in- 
flamed the  indignation  of  the  injured  fufferers,  and  that 
again  the  more  embittered  his  lordfhip  againlt  them.  They 
refented,  and  he  profecuted  :  nor  did  he  confine  his  pious 
rage  to  the  people  of  Jamaica.  He  detefted  all  who  were  of 
the  fame  denomination  ;  nay,  averfe  to  every  fevft  except 
his  own,  he  infilled  that  neither  the  minillers  nor  fchool- 
maflers  of  the  Dutch,  the  molt  numerous  perfuaiionin  the 
province,  had  a  right  to  preach  or  inftrud:  without  his  gu- 
bernatorial licence  ;  and  fome  of  them  tamely  fubmitted  to 
his  authoritative  rule.  A  general  accoimt  of  his  lordfliip's  fin- 
gular  zeal,  is  p;  cferved  under  the  title  of  the  Watch  Tower, 
m  a  number  of  papers  publifhed  in  the  New-York  Weekly 
Mercury,  fo  -  the  year  1755. 

While  his  excellency  was  exerting  his  bigotry,  during 
the  fummer  feafon,  at  Jamaica  ;  the  elections  were  carrying 
on,  with  great  heat,  for  an  aflembly,  which  met  him,  at 
that  village,  in  the  fall.  It  confiftedpiincipally  of  the  party 
which  had  been  borne  down  by  the  earl  of  Bellamont  and 
his  kinfinan  ;  and  hence  we  find  Philip  French,  who  had 
lately  been  out-lawed,  was  returned  a  reprefentative  for 
New. York,  and  William  NicoU  elecfted  into  the  fpcaker's 


OF    NEW -  YORK. 


121' 


chair.  Several  extracts  from  my  lord's  fpeechare  proper  to 
be  laid  before  the  reader,  as  a  fpecimen  of  his  temper  and 
defigns.  "  It  was  an  extreme  fiirprile  to  me  (fays  his  lord - 
fliip)  to  find  this  province,  at  my  landing  at  New-York,  in 
fuch  a  convulfion  as  muft  have  unavoidably  occafioned  its 
ruin,  if  it  had  been  fuffered  to  go  on  a  little  longer.  The 
many  complaints  that  were  brought  to  me,  againit  the  per- 
fons  I  found  here  in  power,  fufiiciently  proved  agauift  them 
— and  the  miferable  accounts  I  had  of  the  condition  of  our 
frontiers — made  me  think  it  convenient  to  delay  my  meeting 
you  hi  general  allembly,  till  I  could  inform  myfelf,  in  fome 
meafare,  of  the  condition  of  this  p.  ovince,  thai  I  might  be 
able  to  olfer  to  your  confideration,  fome  few  of  rhofe  things, 
which  will  be  nccelTary  to  be  done  forthwitii,  for  the  de- 
fence of  the  country." 

He  then  recommends  their  fortifying  the  portofXew- 
York,  and  the  frontiers  ;  adding,  that  he  found  raefoldiers 
I  naked  and  unarmed  :  after  which  he  propofes  a  militia  bill, 
I  the  erecliion  of  public  fchools,  and  an  examination  of  the 
i provincial  debts  and  accounts  ;  and  not  only  promifes  to 
jmake  a  faithful  application  of  the  monies  to  be  raifed, 
but  that  he  would  render  tbem  an  account.  The  whole 
fpeech  is  fweetened  with  this  gracious  conclufion  :  Now,- 
gentlemen,  I  have  no  more  to  trouble  you  with,  bur  to  af- 
fure  you,  in  the  name  of  the  great  queen  of  England,  my 
miftrefs,  that  you  may  fafcly  depend  upon  all  the  protec- 
tion that  good  and  faithful  fubjects  can  defire  or  expecl:, 
from  a  fovereign  wbofe  greatcft  dcliglit  is  the  welfare 
of  her  people,  under  whofe  aufpicious  reign  we  are  fure  to 
enjoy  what  no  nation  in  the  world  dares  claim  but  the  fub- 
jecls  of  England  ;  L  mean,  the  free  enjoyment  of  the  beft 
religion  in  the  world,  the  fu!l  pofleflion  of  all  lawfiil  liber- 
ty, and  the  undifturbed  enjoyment  of  our  freeholds  and 
I  properties.  Thefe  are  fome  of  the  many  benefits  which  I 
!  take  the  inhabitants  of  this  province  to  be  well  entitled  to 
by  the  laws  of  England  ;  and  I  am  glad  of  this  opportunity 
[  to  aflure  you,  that  as  long  as  I  have  the  honour  to  ferv^e  the 
'  queen  in  the  government  of  this  province,  thofe  laws  fhall 
j  be  put  in  execution,  according  to  the  intent  with  which 
they  were  made  ;  that  is,  for  the  prefervation  and  p'  ote<5li- 
on  of  the  people,  and  not  for  their  oppreffion.  I  heartily  re- 
joice to  fee,  that  the  free  choice  of  the  people  has  falleu 
upon  gentlemen,  whofe  conftant  fidelity  to  the  cro^A^l,  and 
J  unwearied  application  to  the  good  of  tlicir  country,  is  ffi 
vuiiverfdlly  known." 


122 


THE  HISTORY 


The  hmife  echoed  back  an  addrefs  of  high  compliment  to 
hislordfhin,  declaring,  "I'hat  l^eing  deeply  Icnliblc  of  the 
mifcry  ami  calamity  tlie  country  lay  under  at  his  arrival, 
they  were  not  fufficiently  able  to  exprds  the  fatisfaciion 
they  had,  both  in  their  relief  and  their  tleliverer." 

Wellpleafed  with  a  governor  who  headed  their  party, 
the  afleiiibly  granted  him  all  his  requeib  ;  eighteen  hun- 
dred pounds  were  raifed  for  the  fujjport  of  one  hundred 
and  eighty  men,  to  defend  die  front iei-s,  befides  iwo  thou- 
fand  pounds  more,  as  a  prefent,  towards  defraying  the  cx- 
^enfes  of  his  voyage.  The  queen,  by  her  letter  of  the  2cih 
of  April,  in  the  next  year,  forbid  any  luch  donations  for 
the  future.  It  is  obiervuble,  tliat  though  the  county  of 
Duchefs  had  no  reprefeiitatives  at  this  ailcmbly,  yet  fuch 
■was  then  the  knoNvn  indigence  of  that  now  populous  and 
flourjfhing  county,  that  but  eighteen  pounds  were  appor- 
tioned for  their  quota  of  thcfe  levies. 

Belidcsthe  acts  above-mentioned,  the  hocfe  brought  up  a 
militia  bill,  and  continued  the  revenue  to  the  ilk  of  May, 
1709  ;  anvl  a  law  pafied  to  cllabliili  a  gram  mar- fchool,  ac- 
cording to  his  lordihip's  recommendation.  Befides  the  great 
liarmonj  that  I'ubfilled  between  the  govenior  and  his  al- 
fembly,  there  was  nothing  remarkable,  except  two  re- 
folvcs  againil  the  court  of  chancery  erected  by  mr.  Nanfan, 
occafioned  by  a  petition  of  feveral  difappointed  liiitors, 
who  were  dilpleafed  w  ith  a  decree.  The  refolutions  were  in 
thefe  w  ords  :  "  That  the  fetting  up  a  court  of  equity  in 
this  colony,  without  confejit  of  general  allembly,  is  an  in- 
novation w  ithout  any  former  precedent,  inconvenient  and 
concrai-y  to  the  Knglilh  law."   And  again:      That  the 
court  of  chancery,  as  lately  eretfted,  and  managed  here, 
was  and  is  unw  arrantable,  a  great  oppreflion  to  the  fubjec't,  ^ 
of  pernicious  example  and  confequence  ;  that  all  proceed- j 
ings,  orders,  and  clecrees  in  the  fame,  are,  and  of  rightl 
ought  to  be,  declared  null  and  void  ;  and  that  a  bill  bcj 
brought  in,  accordmg  to  thefe  two  refolutions,"  which  wall 
done  :  but  though  his  lordfhip  was  by  no  means  diiinclined 
to  fix  contempt  on  Nanfan's  adminiltration,  yet,  as  tliis  bill 
would  diminilh  his  own  power,  himfelf  being  the  chancel- 
Jc,  tlie  matter  was  never  moved  farther,  than  to  the 
order  for  tlie  engroflliient  of  the  bill  upon  the  fecond 
reading. 

Though  a  war  was  proclaimed  by  England  on  the  4th  of 
May,  1 702,  againfl  France  and  Spain,  yet  as  the  five  nations 
had  entered  into  a  treaty  of  neutrality  with  the  French 
In  CJinada,  tliis  province,  imlead  of  being  harrafled  on  its 


OF   N  E  W  -  Y  O  R  K. 


123 


borders  by  the  enemy,  carried  on  a  trade  very  advantage- 
ous to  all  thofe  who  were  concerned  in  it.  The  governor, 
however,  continued  his  folicitations  for  money,  with  unre- 
mitted importunity,  and  by  alarming  the  allembly,  which 
met  in  April  1703,  with  his  cxpec'tation  of  an  attack  by  fea, 
fifteen  hundred  pounds  were  raifed,  under  pretence  of 
cretfting  two  batteries  at  the  Narrows,  which,  inftead  of 
being  employed  for  that  ufe,  his  lordfhip,  notwitliftanding 
the  province  had  expended  twenty- two  thoufand  pounds 
during  the  late  peace,  was  pleafedto  appropriate  to  his  pri- 
vate advantage.  But  let  us  do  him  the  juftice  to  confefs, 
that  wliile  he  was  robbing  the  public,  he  at  the  fame  time 
confented  to  fcveral  other  laws  for  the  emolument  of  the 
clergy. 

Whether  it  was  owing  to  the  extraordinary  fagacity  of 
the  houfe,  or  their  prefumption  that  his  lordftiip  was  as  lit- 
tle to  be  trufted  as  any  of  his  predeceflbrs,  that,  after  voting 
the  above  fum  for  the  batteries,  they  added,  that  it  ftiould 
be  "  for  no  other  ufe  whatfoever,"  I  leave  the  reader  to 
determine.  It  is  certain  they  now  began  to  fee  the  danger 
of  throwing  the  public  money  into  the  hands  of  a  receiver- 
general,  appointed  by  the  crown,  from  whence  the  gover- 
nor, by  his  \7arrants,  might  draw  it  at  his  pleafure.  To 
this  caufe  we  muft  aflign  it,  that  in  an  addrcfs  to  his  lord- 
Ihip,  on  the  19th  of  June,  1703,  they  delire  and  infill, 
that  fome  proper  and  fufficicnt  pcrlbn  might  be  commif- 
fioned  treafurcr,  for  the  receiving  and  paying  fuch  monies 
now  intended  to  be  raifed  for  the  public  ufe,  as  a  means  to 

•  obltrudt  mifapplications  for  the  future,"  Another  addrefs 
\  was  fent  home  to  the  queen,  complaining  of  the  ill  Itate 
\]  of  the  revenue,  through  the  fi  auds  which  had  formerly 
;    been  committed,  the  better  to  facilitate  the  important  de- 

•  lignof  having  a  treafurer  dependent  on  the  afiembly.  The 
fuccefs  of  thefe  meafurcs  will  appear  in  the  fequel. 

Tho'  our  frontiers  enjoyed  the  profoundeft  tranquillity 
all  the  next  winter,  and  we  liad  expended  thirteen  hundred 
pounds,  in  fuppovting  one  hundred  fazileers  about  Albany, 
bcfides  the  four  independent  companies  in  the  pay  of  the 
<    crown,  yet  his  excellency  demanded  provifions  for  one  hun- 
f    dred  and  fifty  men,  at  the  next  meeting  of  the  aflenibly,  in 
}    April,  1704.  The  houfe  having  reafbn  to  fufpecl,  that  the 
I    feveral  fums  of  eighteen  and  thirteen  hundred  pounds,  lately 
\    raifed  for  the  pulilic  fervice,  hnd  been  prodigally  expend- 
j    e  l  or  embezzled,  prudently  declined  any  farther  aids,  till 
6    they  were  fatis tied  that  no  mifapplication  had  been  made, 
i    For  this  piirpofe  they  appohited  a  committee,  who  reported 


I  I 


"4 


THE  HISTORY 


^hat  there  was  a  balance  of  near  a  thoiifand  pounds  due 
the  colony.  His  lordlliip,  Avholind  hitherto  liecu  treated 
with  great  coinplailiincc,  took  offence  at  this  paiiiinoiiious 
llruiiny,  and  ordered  the  alicmbly  to  attend  him  ;  when  af- 
tcr  the  example  of  Fletcher,  wliom,  abating  that  man's  fu- 
pc  ior  activity,  his  lordihip  motUy  rc(embled,  he  made  an 
aju^ry  fpcech,  in  which  he  charge*  them  with  innovatioiui 
never  attcinpiedby  iheir  i)redeceil()rs,  and  hopes  they  would 
aiot  force  hiin  to  exert  certain  po\vcrs"  velted  in  him  by 
tiie  q<iecn.  iSut  what  he  more  particularly  took  notice  of, 
v.'as  their  infilling  in  leveral  late  bills,  upon  the  title  of 

gene'-al  allemhly,"  and  a  faving  of  the  "  rights  of  the 
houlc,"  in  a  refolve  agreeing  to  an  amendment  for  prevent- 
ing delay  ;  with  refpect  to  which,  his  lordihip  has  thefe 
woids  :  I  know  of  no  right  that  you  have  as  an  aliembly, 
bat  liich  as  the  queen  is  pleafed  to  allow  you."  As  to  ilie 
vote,  by  which  they  found  a  balance  due  iq  the  colony,  of 
nine  hundred  and  thirteen  pounds,  fifteen  fliillings,  it  is 
true  (fa}s  his  lordfliip)  the  queen  is  pleafed  to  command  me 
in  her  inlhnjfftions,  to  permit  the  aflcmbly,  froui  time  to 
time,  to  view  and  examine  the  accounts  of  money,  or  va- 
\ac  of  money,  difpofed  by  virtue  of  the  laws  made  by  them  : 
buL  you  can  in  no  wife  meddle  w  ith  that  moiiey  ;  but  if 
yon  find  any  mifapplication  of  any  of  tliar  money,  you 
ouglit  to  acquaint  }ne  with  it,  that  I  may  take  care  to  fee 
thofe  millakes  rec'^tiHcd,  which  I  fliall  ceitainly  do." 

The  hoafe  bore  thefe  rebukes  with  the  utmoO:  paffivenefs, 
contenting  thcmfelves  with  little  elfe  than  a  general  com- 
plaint of  tlie  deficiency  of  the  revenue,  which  became  the 
fubje.  t  of  their  particular  confuleration  in  tlie  fall.  The 
gov  jrnor,  on  the  one  hand,  then  propofed  an  additional 
duiy  often  per  cent,  on  certain  goods,  not  immediately  im- 
ported from  Europe,  to  whicii  the  ailembly,  on  the  other, 
Avere  utterly  averfe,  and  as  foon  as  they  refolved  againft  it, 
the  very  pnnter,  clerk,  and  door-keeper,  were  denied  the 
payment  of  their  falaries.  Several  other  demands  beinjj 
made  for  the  public  debts,  the  houfc  refolved  to  addrefs  his 
lordfhip  for  an  exac^t  account  of  the  revenue,  which,  to- 
gether wi.h  their  refafal,  to  admit  the  council's  amendment 
tc  a  money  bill,  gave  him  fuch  high  provocation,  that  he 
was  induced  to  diflblve  an  aflembly,  whofe  prodigal  liber- 
ality had  jui'Jy  expofedthem  to  the  refentment  of  the  peo- 
ple. The  new  aflembly,  which  met  on  the  I4tli  of  June, 
1705",  negledled  the  affair  of  the  revenue  and  the  additional 
du'^y,  though  his  lordfliip  ftrongly  recommended  them  both. 
Among  the  principal  adls  palled  at  this  meeting,  is  that  for: 


OF   N  E  W  -  Y  O  R  K. 


the  benefit  of  the  clergy, '  who  were  entitled  to  the  falaries 
formerly  eltabliihed  by  colonel  Fletcher  ;  which,  though 
lefs  than  his  lordHiip  recommended,  was  doubtlels  a  grateful 
oifering  to  his  nnceafmg  zeal  for  the  church,  manifeiled  iu 
a  part  of  his  fpeech  at  the  opening  of  the  feffion,  m  thele 
words  ;  "  The  difhculties,  which  Ibme  very  worthy  minif- 
ters  of  the  chin-ch  of  England  have  met  with,  m  getting  the 
maintenance  fettled  upon  them,  by  an  atl- of  tliegeneial 
aiiembly  of  this  province,  palled  in  the  year  1693,  move^ 
me  to  pvopofe  to  ytni  the  palling  an  acft  explanatory  of  the 
forementioned  ac"t,  that  thofe  worthy  good  men,  who  have 
ventured  to  come  fo  far  for  the  fei-vice  of  God  in  his  church, 
and  the  good  and  edification  ofthepeople,  to  the  filva lion 
"of  their  fouls,  may  not  for  the  future  be  vexed,  as  fome  of 
'them  have  been  ;  but  may  enjoy  in  quiet,  that  maintenance, 
[Which  was  by  a  law  provided  for  them*.  I  fariher  re- 
[commend  to  you,  the  pafhnganact  to  provide  for  the  main- 
ftenancc  of  fome  minifters,  in  fome  of  the  towns  at  the  eaft 
■end  of  Long-Ifland,  where  I  don't  find  any  provifion  has 
'been  yet  made  for  propagating  religion." 
f  Our  harbour  being  wholly  unfortified,  a  French  priva- 
teer acftually  entered  it  in  1705,  and  put  the  inhabitants 
into  great  confteniation.  The  aflembly,  at  their  fellicn  in 
June,  the  next  year,  were  not  difinclincd,  thi  oiigh  the  im- 
portunity of  the  pco])lc,  to  put  the  city  in  a  better  pofture 
of  defence  for  the  future  ;  but  being  fully  convinced,  by 
his  lordfliijys  embezzlement  of  i^ool.  formerly  railed  for 
two  batteries  at  the  narrows,  and  near  icccl.  levied  for  the 
^protection  of  the  frontiers,  that  he  M  as  no  moie  to  be  truft- 
led  with  public  monies,  offered  a  bill  for  railing  pcool.  for 
•f6rtifications,  appointing  that  fum  to  be  dcpolited  in  the 
hi^ds  of  a  private  perfon  of  their  own  nomination  ;  but 
his  excellency  did  not  pafs  it  till  their  next  meeting  in  the 
■fall,  when  he  informed  them  that  he  had  received  the  queen's 
commands,  to  permit  the  gene'  al  aflembly  to  name  their 
'own  treafurcr,  when  theyraifed  extraordinary  fupplies  for 
particular  ufes,  and  which  are  no  part  of  the  (landing  and 
conftant  revenue  ;  the  tveafarer  behig  accountable  to  the 
three  branches  of  the  legiflature,  and  the  governor  always 
acquamtcd  with  the  occafion  of  ifliiing  fuch  warrants". 


*  The  majority  of  our  people  are  of  a  contrary  opinion, 
if  my  lord  thought  the  ell^iblifhmcnt  was  deligned  only  fov 
the  epifcopal  clergv. 

R 


126 


THE    H  1  S  T  O  P.  Y 


His  lordfhip's  renewing  the  propofal  of  raifing  foriifi- 
rritions  at  the  Nan  ows,  wliich  he  had  hiniielF  hithertu  fcun- 
ilaloully  prevented,  is  a  pi  oofoF  his  cxceliive  ef+'roniery  and 
conteiiipi.  of  the  peoi)l(;  :  and  the  ncgleCL  of  the  houfe,  to 
take  the  leall  notice,  either  of  that  luauer,  or  the  revenue, 
occafioiied  another  diHohition. 

Before  I  proceed  to  the  tranlcKftions  of  the  new  aHenibly, 
which  did  not  meet  till  the  year  1708,  it  will  not  be  im- 
proper to  lay  before  the  reader,  the  account  of  a  nicnior- 
alde  proofof  tliac  perfecuting  fpirit,  wliich  influenced  lord 
Condnny's  whole  adniinillration. 

The  inliabitants  of  the  city  ofNew-York  confiftcd,  at 
tliis  lime,  of  DiitcliCalvinilts,  upoji  the  plan  of  the  church 
of  Holland  ;  French  refuirees  on  the  Gcnc^•.l  model  ;  a  few 
Kn5>liili  epi'copalians  ;  and  a  ilill  fmalier  number  of  P^ng- 
lifhand  Irifh  prclbyicrians  ;  who,  haying  neither  a  miniller 
nor  a  church,  ufed  to  aflcMnble  thcmfelvcs,  every  Sunday,  at 
a  private  iioule,  for  the  worfhip  of  God.  Such  were  their 
circuniitiinces,  when  Francis  M'Kemie  and  John  Hampton, 
two  pre'bytcrian  minlflers,  arrived  liere  in  (anuary,  1707. 
As  foon  as  lord  C  ornbury,  who  hated  the  whole  pcrfuafion, 
hearvl  thar  the  Dutch  had  confcntcd  to  M'Kenne's  preach- 
ing in  their  church,  he  arbitrardy  forbid  it  ;  fo  that  tlie 
p'jblic  worfnip,  on  the  next  fabbath,  was  pei  fc»med,  with 
open  doors,  at  a  private  houfe.  Mr.  Hampton  preaclied, 
the  fame  day,  at  the  prelbyterian  church  in  New-  Town, 
diiL:int  a  lev/  miles  frosn  tlie  city.  At  that  village  both  thefe 
niinidcrs  were  two  or  three  days  after  apprehended,  by 
Cardwel,  thefhcriif,  puvfuant  to  \ih  lordfidp's  warrant,  for 
preaching  without  his  licence.  From  hence  they  were  led 
in  triuiuph  a  circuit  of  feveral  miles  through  Jamaica  to 
New-York.  They  appeared  before  his  lordfaij>  with  an  un- 
dainited  courage,  and  had  a  conference  with  him,  in  v.  hich 
it  is  diflicalc  to  deiermine,  whether  my  lord  excelled  in 
the  character  of  a  fivage  bigot,  or  an  ill-mannerly  tyrant. 
The;  miniiters  were  no  lawyers,  or  they  would  not  have 
founded  rlieir  juftification  o;i  the  fuppofed  extent  of  the 
Engiifli  act  of  toleration.  They  knev/  not  that  the  ecclefi- 
aftical  ftatntes  had  no  relation  to  this  colony  ;  and  that  its 
religions  ilatc  confillcd  in  a  perfect  parity  between  protef- 
tanLS  of  all  denominations.  They  erroneoufly  fuppofed,  that 
all  the  penal  laws  extended  to  this  province,  and  relied,  for 
their  defence, 'on  the  toleratioji,  ofFe^'iiig  tefiimonials  of 
their  having  complied  with  the  ac^t  of  pariiament  in  Virgi- 
nia and  Maryland,  and  promifed  to  certify  ihc  hovfe,  in 
which  IvrKcmie  had  preaclied,  to  t iie  next  feflions.  Flislord- 


OF    N  E  W  -  Y  O  R  K. 


Chip's  difcourfe  with  them  was  the  more  ricliculoiis,  hecaufe 
lie  liad  iiickley,  the  attorney-general,  toaliift  him.  Agaiiift 
the  extenfion  of  the  ftatute,  they  infifted,  that  the  penal 
laws  were  limited  to  England,  and  fb  aifo  the  tolera.tioii»acl, 
becaufe  the  fole  intent  of  it  was  to  take  away  the  perialties 
fonnerly  ellabliihed.  But  grant  the  polition,  and  the  con- 
feqiience  they  drew  from  it,  argues  that  my  lord  and  mr.  at- 
torney were  either  very  weak,  or  uiflnenccd  by  evil  defigns. 
If  the  penal  laws  did  not  extend  to  the  jilaniations,  then 
the  prifoncrs  were  innocent ;  for  where  there  is  no  law, 
there  can  be  no  tranfgrefiion  ;  but  according  to  thefe  in- 
comparable lagcs,  if  the  penal  laws  and  the  toleration  were 
rellriclei  to  the  realm  of  England,  as  ihey  contended,  then 
the  poor  clergymen,  for  preaching  without  ius  licence, 
were  guilty  of  a  hemous  crime,  againlt  his  private,  unpub- 
lifhed  inltruc^tions  ;  and  for  this  caufe  he  ii'iiied  an  informal 
precept  to  the  fherift' of  New-York,  for  their  commitment 
to  jail,  till  farther  orders.  They  continued  in  confinement, 
through  the  abfence  ofMompefibn,  the  chief  juilice,  who 
was  in  Ncw-Jerfey,  fix  weeks  and  four  days  ;  but  were 
then  brought  before  hiui,  by  writ  of  hab<:as  corpus.  Mom- 
pellbn  being  a  man  of  learning  in  his  profefaon,  and  his 
lordihip  now  appriled  of  the  illegality  of  his  lirlt  wairant, 
ilfued  another,  on  the  very  day  of  the  tei\  of  tlic  writ,  in 
which  he  virtually  contradicts  what  he  had  before  infilled 
•on,  at  his  conference  with  the  prifonei-s.  For  according  to 
.this,  they  were  imp;i(bned  lor  preaching  without  being 
qualified  as  the  toleration  act  required,  though  ihcy  had  of- 
fered themfelves  to  the  felfions  (Unint';  tlieir  im])riibnme2it. 
They  were  then  bailed  to  the  next  fiipreme  court,  which 
began  a  few  days  after.  Great  pains  were  taken  to  fecure  a 
grand  jury  for  the  purpofe,  and  among  thofe  who  fovaud  the 
indictment,  to  their  fhame  be  it  remembered,  vv  ci  e  fsveral 
Dutch  and  French  proteftants. 

Mr.  M'Kemie  returned  to  New-York,  from  Virgh-jia,  in 
June  ;  and  was  now  come  to  his  trial  on  the  indiclment 
found  at  the  lafl  court.  As  to  mr.  Hampton,  he  wr.s  dilcharg- 
ed,  no  evidence  being  oifered  to  the  grand  jury  agahilHiim. 

Bickley,  the  attorney  general,  managed  the  j^jrofecution 
ill  the  nam 3  of  the  queen  ;  Reignere,  NicoU,  and  Jamif^ni 
appeared  for  the  defendant.  The  trial  was  held  on  the 
6th  of  June,  and  being  a  caufe  of  great  expecftation,  a  nn- 
merous  audience  attended.  Roger  Mompefibn  f^t  ou  the 
bench  as  chief  juftice,  with  Robert  Mil  ward  and  Thomas 
Wenham,  for  his  afiiftants.  The  indicftment  was,  in  fub- 
ftance,  that  Francis  MsKemie)  pretcndmg  hin.fcirto  be  a 


t 

T2S  T  H  E    H  I  S  T  O  R  Y 

protcftaiit  diiTenting  minilter,  contemning  and  endeavour* 
ingtofubvert  the  queen's  e'cclefiallical  lapieinacy,  unlaw, 
fully  preached  wLhout  the  governor's  licence  firll  ob- 
tained, in  (Icrot^ation  oftiieroval  authority  and  preroga- 
tive :  tliat  he  uled  other  rites  and  cei  enionies,  tlian  thole  con- 
tained in  the  coinmon-praycr  book.  And  laRly,  that  being 
Uiuj  ralitied  by  law  to  preach,  he  neveriiielels  did  preach  at 
an  illcr,al  convciuicle  :  and  both  thcic  lalt  charges  were 
laid  ro  be  contrary  to  the  t'onn  of  the  Knglifli  llatutes.  h'or 
it  (eciiis  that  mr.  attorney  was  now  of  opinion,  tliat  ilie 
penal  laws  did  exicndto  tiie  American  jdiintations,  thon;;h 
liis  lt:n  iments  were  the  very  revcrfe  at  tlic  firlt  debate  he - 
fore  h's  excellency  :  but  Bickley  \u;s  rather  remarkable  lor 
a  voluble  tongue,  than  a  penetrating  head,  or  niucii 
learning.  To  liipport  this  profecution,  he  endeavoured  lo 
piove  the  (jueen's  ecciefialHcal  fupremacy  in  the  colonic  , 
and  that  it  was  delegated  to  lier  noble  coulin,  the  governor  ; 
and  iience  he  was  of  opinion,  that  his  lordiliip's  inilructi- 
ons  relating  to  ciiurch  nratters,  had  the  force  of  a  law.  He, 
in  the  next  place,  contended  for  tlie  extenfion  of  the  lla- 
tutes of  unifor  nity,  and,  upon  the  wiiole,  was  plealed  to 
fay,  that  he  d:  I  not  doubt  the  jury  would  find  a  -  erdict  lor 
the  queen.  Reigiiere,  for  the  defendant,  infilled,  that 
preaching  was  no  crime  by  the  connnon  law  ;  ihtit  the  (la- 
tutes  of  uniformity,  and  tiic  act  of  toleration  diil  not  ex- 
tend here  ;  and  that  the  governor's  inftruciions  were  not 
laws.  NicoU  I'poke  to  the  lame  purpofe,  and  fb  did  David 
Jamilbn,  but  M'Keinie  concluded  tlie  whole  defence  in  a 
fpeech,  which  fetshis  capacity  in  a  very  advantageous  light. 
Tiie  reader  may  fee  it  in  the  narrative  of  tliis  trial,  which 
was  fn  11  published  at  the  time,  and  fuice  reprinted  at  New- 
York  in  the  year  1755.  The  chief  jiiliice,  in  his  charge,  ad- 
viled  a  fpecial  verdict,  but  the  jury  found  no  difficulty  to 
acquit  tlie  defendant,  vrlio,  tin  ough  the  fhamer'ul  parti- 
ality of  rhe  court,  was  not  difcharged  from  his  recogni- 
zance, rill  they  had  illegally  extorted  all  the  fees  of  his 
profecution,  w  hich,  together  w  i'h  his  cxpcnfes,  amoiuited 
to  eighty -three  pounds  feven  fhillings  and  fix  pence. 

Lord  Cornbury  was  now  daily  loling  the  favonr  of  the 
people.  The  friends  of  Leifler  liad  him  in  the  ntmoft  abhor- 
rence from  the  beginning  ;  and  bcuig  all  fpies  npon  his 
conducit,  it  w  as  impoflible  for  his  lordfnip  to  commit  the 
fmalleft  criiv.e  unnoticed.  His  perfecution  of  the  prefby- 
terians  very  early  increafcd  the  number  of  his  enemies. 
The  Dutch,  too,  w-e  re  fearful  of  his  religious  rage  againfl 
then;,  as  he  diijjuted  their  right  to  call  and  fettle  minifter^^ 


OF    N  E  W  -  Y  O  R  K. 


#r  even  fchoolmafteis,  without  his  fpecial  licence.  His  ex- 
ceilive  avarice,  his  embezzlement  of  the  public  money,  uijd 
his  fordid  refalal  to  pay  his  private  debts,  bore  lb  heavily 
upon  his  reputation,  that  it  was  impoliible  for  his  adherents, 
eicher  to  fupporc  him,  or  themlelves,  againft  the  general 
oppolition.  buch  being  the  temper  of  the  people,  his  lord- 
ihi-p  did  not  fiicceed  according  to  lus  wiflies  in  the  )iew  af- 
fembly,  which  met  on  the  19th  of  i\iiguil:,  170S.  I  he  mem- 
bers were  all  againfl  him,  and  William  NicoU  was  again 
chofen  fpeaker. 

Among  the  leveral  things  recommended  to  their  confider- 
aticn,  the  affair  of  the  revenue,  which  was  to  expire  in  May 
following,  and  the  propriety  of  making  prelents  to  tlie  In- 
dians, were  the  chief.  The  houle  were  not  inlenhble  of  the 
importance  cfthe  Indian  inter  eft,  and  of  the  infinite  aris 
of  the  French  to  feduce  them  from  our  alliance  :  but  fiifpi- 
cious  that  his  iordfhip,  who  heretoicre  had  given  himleif 
little  concern  about  that  matter,  as  feeking  a  frelh  oppor- 
tunity to  defraud  the  public,  they  defiied  him  to  give  iht-m 
a  lift  of  the  articles  of  Avhich  the  prefeiits  were  to  confift, 
together  with  an  eftimatc  of  the  charge,  before  they  v.  ould 
provide  for  that  donation. 

With  refpeCt  to  the  revenue,  his  lordfliip  was  not  fb  fuc- 
cefsful,  for  the  aftembly  refolurely  refuled  to  continue  it  i 
tho'  they  confe.  ted  to  an  ad;  to  difcharge  him  from  a  con-^ 
traci  of  250I.  and  upwards,  which  he  had  made  with  one 
Hanfon  for  the  public  fervice.  Thomas  Byerly  was  at  that 
i  time,  collector  and  receiver-general  ;  and  by  pretending 
j  that  the  treafury  was  exhaufted,  the  debts  of  the  govei  n- 
I  nient  were  unpaid.  Tliis  ^ave  rife  to  many  petitions  to  the 
allcmbly  to  make  provilion  for  their  difcharge.  Colonel 
tkhuyler,  who  had  expended  large  fums  on  the  public  cre- 
dit, was  among  the  piincipal  fufferers,  and  joined  with  fe^ 
veral  others  in  an  application  to  the  hoiife,  that  Byerly  might 
be  compelled  to  account.  Thedifputes,  relating  to  this  mar- 
•  ter,  took  up  a  confiderable  part  of  the  fefticn,  and  were 
litigated  with  great  heat.  Upon  the  whole,  an  adl  waspailcd 
for  lefunding  700I.  which  had  been  mifapplied. 

The  refolutions  of  the  committee  of  giievanres,  approvecl 
by  the  houfc,  ihow  the  general  objeifiions  of  the  people  to 
his  lordfliip's  adminiftration.  Thcfe  were  made  at  tlie  be. 
ginning  ofthe  feflion;  and  yet  we  find  this  haughty  lord 
fubdued  by  the  oppofition  againft  him,  and  fo  difpirited 
thro'  indigence,  and  the  inceilant  folicirations  of  bis  cretli» 
tors,  that  he  not  only  omitted  to  juftify  himfelf,  but  tofeow 
even  an  impotent  refentment.  For  after  all  the  cenfures  of 


THE  HISTORY 


the  honfe,  he  tamely  thanked  them,  for  paflTing  tlie  Mil  to 
dKcIi.i'-ge  him  from  a  fmnlldcln,  which  they  could  not,  in 
jullice,  have  rcfufed.  The  refoliirions  were  in  thcfc  words  : 
Refolved,  That  it  is  the  opinion  ofthis  committee,  that 
the  appointing  coroner's  in  this  colony,  witliout  their  hcinfr 
chosen  by  the  people,  is  a  gncvaiice,  and  contrary  lo 
law*. 

Refolved,  That  it  is,  and  always  has  been,  the  nn- 
qiieftionahle  rin;ht  of  every  freeman  in  this  colony,  that 
he  hatli  a  perfect  and  entire  property  in  his  goods  and  cf- 
tate. 

"  Refolved,  That  the  impoHn^  and  levyinj:^  of  any  mo- 
nies upon  lier  majclty's  fubjccts  of  this  colo?iy,  under  any 
pretence  or  colonr  whatl'oever,  witlioiit  conlent  in  <>,encral 
adembly^  is  a  grievance,  and  a  violation  of  the  people's  pro- 
perty. 

Refolved,  That  for  any  officer  whatfoever,  to  extort 
from  the  people,  cxtravac;ant  and  uidimited  fees,  or  any 
money  whatfoever,  not  pofnively  cftahlilhed  and  rcgnlated 
by  coufent  in  general  allcnd^ly,  is  iinrcafonahle  and  unlaw- 
ful, a  <n-cat  u,ricvance,  and  tending  to  the  utter  dcltructioii 
of  all  property  in  this  plantation. 

*'  Refolved,  That  the  eret'^tin^  a  court  of  equity,  with- 
out confent  in  {reneral  allcmbly,  is  contrary  to  law,  without 
precedent,  and  of  dangerous  coufcquencc  to  ttie  liberty  and 
prope!*t5'  of  the  Ihbjec'^ts. 

Relblvcd,  That  tiie  raifmg  of  money  for  the  govcm- 
ment,  or  other  necefl-iry  charge,  by  any  tax,  impoft,  or  bur- 
<len  on  goods  imported,  or  exported, — or  any  clog,  or 
hinirance,  on  trafric  or  commerce, — is  found  by  experience 
to  be  the  expulfion  of  many,  and  the  impoverifhinjr  of  the 
reft  of  the  planters,  freeholders,  and  inhabitants  of  this  co- 
lony ;  of  molt  pernicious  confequcnce,  which,  if  continued, 
will  unavoidably  prove  the  ruin  of  the  colony. 

"Refolved,  That  the  exceifive  funis  of  money  fcrewed 
from  mafters  of  vcflcls  trading  here  under  the  noiion  of 
port-charges,  vifiting  the  faid  velicls  by  fupernumerary  of- 
ficers, and  raking  extraordinary  fees,  is  tlie  great  difcourage- 
ni'^nt  of  trade  and  ftrangers  coming  among  us,  beyond  the 
precedent  of  any  other  port,  and  without  colour  of  law. 


*  See  lord  Bacon's  works,  fol.  edit.  2  vol.  152.  and  yet 
the  coroners  in  every  county  are  Hill  appointed  by  the 
governor. 


OF    NEW  -  YORK. 


13! 


f<  Rcfolved,  That  the  compelling  any  man  upon  trial  by  a 
jry,  or  otherwil'e,  to  pay  any  fees  for  his  profecution,  or 
ny  thing  whatfoever,  unlefs  the  fees  of  the  officers  w  hom 
e  employs  for  his  necellary  defence,  is  a  great  grievance, 
\nd  contrary  to  juflice*." 

Lord  Cornbm*y  was  no  lefs  obnoxious  to  the  people  of 
sew-]erfey,  than  to  thofe  of  New- York.  The  aflembly  of 
aat  province,  impatient  of  his  tyranny,  drew  up  a  com- 
laint  againft  him,  which  they  fent  home  to  the  queen. 

Her  maj^fty  gracioufly  liftened  to  the  cries  of  her  injured 
jbjects  ;  diveited  him  of  his  power,  and  appointed  lord 
-ovelace  in  his  ftead  ;  declaring  that  flie  would  not  coun- 
enance  her  neareft  relations  in  opprefling  her  people. 

As  foon  as  my  lord  was  fuperfeded,  his  creditors  threw 
im  into  the  cultody  of  the  fnerilf  of  New-York  ;  and  he  re- 
laiiied  here  till  the  death  of  his  father,  when  fucceeding  to 
[le  earldom  of  Clarendon,  he  returned  to  England. 

We  never  had  a  governor  fo  univerfally  detefted,  nor  any 
fho  fo  richly  deferved  the  public  abhorrence.  In  fpite  of  his 
Loble  delcent,  his  behaviour  was  trifling,  mean,  and  extra- 
agant. 

It  was  not  uncommon  for  him  to  drefs  himfelf  in  a  wo- 
lan's  habit,  and  then  to  patrole  the  fort  in  which  he  relided. 
ach  freaks  of  low  humour  expofed  him  to  the  univerfal 
ontempt  of  the  people  ;  but  their  indignation  was  kindled 
^y  his  defpotic  rule,  favage  bigotry,  infatiable  avarice,  and 
njiiftice,  not  only  to  the  public,  bat  even  his  private  credi- 
Lors.  For  he  left  fome  of  the  loweft  tradefmen  in  his  em- 
ployment uiifatisfied  in  their  juil  demands. 

'  Tohn  lord  Lovelace,  baron  of  Kurlcy,  was  appointed  lo 
f.his  governmeiit,  in  the  fpri^ig,  i  70S,  but  did  not  arrive 
lere  till  the  1 2th  of  December  following.  Lord  Cornbury's 
opprellive,  mean  adminiliration  had  long  made  the  people 
ii^ery  delirous  of  a  change  ;  and  therefore  his  fuccellbr  was  re- 
'^eived  with  univerfal  joy.  Having  dillblved  the  general  a''- 
'embly,  foon  afrcr  his  accelHon  to  the  government,  he  con- 
vened a  new  one  on  the  5th  of  April,  1709,  which,  confifl- 
ingof  members  of  tiie  fame  intereft  v/ith  the  lait,  re-elec^ted 
William  Nicoll,  the  former  fpeaker,  into  the  chair.  His  lord- 
fhip  told  them,  at  the  beginning  of  the  fefiion,  That  he 
had  brought  w  ith  him  large  flipplies  of  folciiers  and  flores  of 


*  Thi^i  had  a  fpecial  relation  to  the  late  profecution  of 


132 


THE  HISTORY 


warns  well  as  prefentB  for  the  Indiana,"  than  which  nothing 
could  be  more  agreeable  to  the  people.  He  lamented  thc  greai.- 
iicfs  of  tlic  prov  hicial  debts,  and  the  decay  of  public  credit  ; 
but  (Hll  recommended  their  raifnig  a  revenue,  for  the  lame 
term  wiili  that  cilabliilied  by  the  act  in  the  i  ith  year  of  the 
lafl:  reign,  lie  alfo  prefied  thedifchargc  of  the  debis  ot  the 
government,  and  their  examination  of  the  public  accounts, 

tliat  it  may  be  known  (fays  he)  wlia:  thisdebt  is,  and  tliat 
it  may  appear  hereafter  to  ail  the  wo:  Id  that  it  was  not  con- 
trac*rcd  in  my  time."  This  oblique  reflexion  upon  his  prc- 
dccctlbr,  who  was  now  ignominiouily  imprifcncd  by  hii 
crefhtors,  w  as  tlilplcaling  to  no  body. 

Tho'  the  allcmbly,  in  tlicir  anl'wcr,  heartily  congratu- 
lated his  lordlhip's  arrival,  and  thanked  the  queen  for  her 
caic  of' the  province,  yet  they  lufticicntly  intimated  their 
dilinclination  lo  rail'e  the  revenue,  whicli  the  governor  had 
rcqiicllcil.      Our  carnelt  wiflics  (to  u fc  the  words  of  the 
adtlrels)  are,  that  fuiiable  meafurcs  may  be  taken,  to  en- 
cmnage  the  few  inhabitants  left,  to  Itay  in  it,  and  others  to 
come.  The  jull  freedom  enjoyed  by  our  neighl>ours,  by  the  . 
teiuler  indulgence  of  the  government,  has  extremely  drain-  .- 
ed  and  exhaulted  us  both  of  people  and  Uock  ;  whilll  a  dif-  . 
ferent  treatment,  the  wrong  methods  too  long  taken,  and  * 
fevcrities  practifed  here,  have  averted  and  tlcterred  the 
uiiial  part  of  mankind  from  fettling  and  coming  hitherto."  * 
Towardj  the  clofe,  they  aflure  him,  "  That  as  the  begin-  | 
niug  of  his  government  gave  them  a  delightful  profpect  of  ' 
tranquillity,  io  they  were  come  with  minds  prepared  to  con-  ' 
fnlt  the  good  of  the  coimtry  and  liis  fatisfaction." 

The  principal  nuittcr,  which  engaged  the  attention  of  tbe 
afl°mbly,  was  the  aflair  of  the  revenue.  Lord  Cornbury'», 
conduct  had  rendered  them  utterly  averfe  to  a  permanent 
fupport  for  the  future  ;  and  yet  they  were  nnwillirg  to  ] 
quarrel  with  the  new  governor.  They  however,  at  lait,  a-  -j 
greed  on  the  5th  of  May,  to  raife  250CI.  to  defray  the, 
charges  of  the  govcrnmeat  to  the  ill  of  May  enfuing  ;  1 6col. 
of  which  was  voted  to  his  excellency,  and  the  remai:iintt> 
funis  tov.  ards  a  fupply  of  firewood  and  candles  to  the  revcrj; 
forts  in  >,'c\v-York,  Albany,  and  Schenectady  ;  and  for  pay- 
ment of  fmall  filaries  to  the  printer,  clerk  of  the  ccuncil,  1 
and  Indian  interpreter.  \ 

This  new  projeiit  of  providing,  annually,  for  the  fupport  , 
of  government,  was  contrived  to  pi'cvcnt  the  mifchiefs,  to- 
which  the  long  revenues  had  formerly  expo  fed  us.  But  as 
it  rendered  the  governor,  and  all  the  other  fervant^  of  the 
crown  dependent  upon  the  allenibly,  a  rnpture,  l>etweeTi 


O  F    N  E  W-Y  O  R  K. 


135 


the  feveral  branches  of  the  legiflatiire,  would  doubtlefs  have 
enfued  :  but  the  ver^'  day,  in  which  the  vote  palled  the 
houfe,  his  lordfhip  died  of  a  difoi  der  contratfted  in  ci  offing 
the  ferry  at  Ids  fiiii:  an  ival  in  tlie  city  of  New-York.  His 
lady  continued  here,  long  after  his  deaths  foliciting  for  the 
fum  voted  to  herhufband  ;  but  though  the  queen  interpofed/ 
by  a  letter,  in  her  behalf,  nothing  was  allowed  till  feveral 
yeais  afterwards. 


S 


THE 


HISTORY  OF  NEW-YORK; 


PART  IV. 


From  the  Canada  expedition  in  1709,  to  the  arrival  of  governor 
Burnet, 


LORD  Lovelace  being  dead,  the  chief  command  devolv- 
ed upon  Richard  Ingolfby,  the  lieutenant-govenior, 
the  fame  who  had  exercifed  the  government  fevered  years 
before,  upon  the  deceafe  of  colonel  Sloughter.  His  iiiort  ad- 
miniftration  is  remarkable,  not  for  his  extraordinary  talents, 
for  he  was  a  heavy  man,  but  for  a  fecond  fruitleis  attempt 
againil  Canada.  Colonel  Vetch,  who  had  been,  feveral  years 
before,  at  Quebec,  and  founded  the  nver  of  St.  Lawrence, 
was  the  firft  projector  of  this  enterprife.  The  miniftry  ap- 
proved of  it,  and  Vetch  arrived  in  Bofton,  and  prevailed 
upon  the  New-England  colonies  to  join  in  the  fcheme.  After 
that,  he  came  to  New-York,  and  concerted  the  plan  of  o- 
perations  with  Francis  Nicholfon,  formerly  our  lieutenant- 
governor,  who,  at  the  requeft  of  Ingolfby,  the  council,  the 
aflembly,  Gurdon  Saltonftal,  the  governor  of  Connecticut, 
and  Charles  Gookin,  lieutenant  governor  of  Pennfylvania, 
accepted  the  chief  command  of  the  provincial  forces,  in- 
tended to  penetrate  into  Canada,  by  the  way  of  lake  Cham- 
plain.  Impoveriflied  as  we  were,  the  aflembly  joined  heartily 
in  the  enterpiife.  It  was  at  this  jundture,  our  fiift  act  for 
ifTuingbills  of  credit  was  palled ;  an  expedient  without  which 
coujd  not  have  contribdtea  to  the  expedition,  the  trea- 


136 


THE  HISTORY 


fury  being  then  totally  exhaufted.  Univerfal  joy  how  bright- 
ened every  man's  countenujice,  bccaufe  all  expected  llie 
complete  reduction  of  Canada,  befoie  tlie  enfuing  iall.  hig 
^vith  the  pleafing  j)rorpedt  of  an  event,  wliich  would  put 
a  period  10  all  the  ravages  of  an  encroaching,  nlercile^s 
enemy,  extend  the  Britifh  empire,  and  augment  our  tnide, 
we  exerted  ourfirlves  to  the  utmoll,  for  the  fuccefs  of  the 
expedition.  As  foon  as  the  defigii  wa.s  made  known  to  the 
houfe,  twenty  fliip  and  houfe  carpenters  were  imprellcd 
into  the  fcrvice  for  building  batteaus.  Commiffioners  alfo 
were  appointed  to  purcbal'e  provifions  and  other  ncceflii- 
ries,  and  empowered  to  break  open  houfes  for  that  nurpofe, 
and  to  imprefs  men,  vellels,  horfes,  and  waggons,  for  traiif-  : 

i sorting  the  florcs.  Four  hundred  ^nd  eiglity  I'evcn  men,  ; 
)cfides~  the  independent  companicfi,  were  raifed  and  dif-  ■ 
patched  to  Albiuiv,  by  the  27th  of  June  ;  from  whence  they 
advanced,  wi»h  the  main  body,  to  the  Wood  Creek.  Three 
fom  were  built  there,  befides  many  block-aonfcs  and  ftoref 
for  the  provifions,  which  were  tranfported  with  great  dif- 
patch.  The  province  of  New-York  (all  things  conhdered) 
has  the  merit  of  having  contributed  jnore  than  any  of  her 
neighbours  towards  this  expedition.  Tcnnfylvania  gave  no 
kind  of  aid  ;  and  Ncw-Jerley  w;is  only  at  the  expcnfe  of 
3cocl.  One  hundred  batteaus,  as  many  birch  canoes,  and 
two  of  the  forts,  were  built  entirely,  and  the  other  fort,  for 
the  moft  part,  at  the  charge  of  this  government.  All  the 
provifions  and  ftores  for  the  army,  were  tranfported  at  our 
expcnfe  ;  and  befides  our  quota  of  volunteers  and  the  iii- 
dej^eiidcnt  companies,  we  procured  and  maintained  fix 
huTidred  Indians,  and  victualled  a  thoufand  of  their  wives 
and  children  at  Albany,  during  the  campaign. 

Having  thus  put  ourfelves  to  the  expenfe  of  above  twenty 
Ihoufand  pounds  towards  tliis  enterprife,  the  delay  of  the 
arrival  of  the  fleet  fpread  a  general  dilconient  through  the 
country  ;  and  early  in  the  fall,  the  aflembly  addrefled  the 
lieutenant-governor,  to  recall  our  forces  from  the  camp. 
Vetch  and  Nicholfon  foon  after  broke  up  the  campaign, 
and  retired  to  New-Port  in  Rhodc-Ifland,  where  there  was 
a  congrefs  of  governors.  Ingolfby,  w  ho  was  invited  to  it, 
did  not  appear,  in  compliance  with  the  inclination  of  the 
aflembly,  who,  incenfed  at  the  public  difappointment,  har- 
boured great  jealoufies  of  all  the  firll  promoters  of  the  dc- 
fltm  y\s  Toon,  therefore,  as  lord  Sunderland's  letters,  which 
arrived  here  on  the  21ft:  of  October,  were  laid  before  the 
lioiUe,  they  relblved  to  fend  an  addrefs  to  the  queen,  to  lay 
before  her  a  true  account  of  the  manner,  in  which  this  pr«7 
v;nce  exerted  itlelf  in  the  late  undertaking. 


OF   NEW- YORK. 


137 


Had  this  expedition  been  vigor oufly  carried  on,  doubt- 
lc&  it  would  have  fucceeded.  The  public  aftairs  at  home 
were  conducfted  by  a  -wiCe  miniftiy.  The  allied  army  tri- 
ximphed  in  repeated  fuccelles  in  Flanders  ;  and  the  court 
of  France  was  in  no  condition  to  give  alliflancc  to  fo  diltant 
a  colony  as  Canada.  The  Indians  of  the  five  nations  were 
engaged,  through  the  indefatigable  felicitations  of  colonel 
Schuyler,  to  join  hearrily  m  the  attempt  :  and  the  eaitern 
colonies  had  nothing  to  feav  from  the  Ouweiiagunoas  ;  be- 
caufe  thofe  Indians  had,  a  litile  bel^ore,  conclv.ded  a  peace 
with  the  confederates.  In  America,  every  thing  was  ripe 
for  the  attack.  At  home,  lord  Sunderland,  the  fecretary  of 
ftate,  had  proceeded  fo  far,  as  to  dilpatch  orders  to  the 
queen's  Ihips  at  Bollion,  to  hold  themfelves  in  readinefs, 
and  the  Britifh  troops  were  upon  the  point  of  their  embark- 
ation. At  this  jimvfture,  the  news  an  ived  of  the  defeat  of 
the  Portuguefe,  which  reducing  our  allies  to  great  ftreights, 
the  forces  intended  for  the  American  adventure  were  then 
ordered  to  their  alTiftance,  and  the  thoughts  of  the  minillry 
entirely  diverted  from  the  Canada  expedition. 

As  we  had  not  a  man  in  this  province,  who  had  more 
extended  views  of  the  importance  of  driv  ing  the  French  out 
of  Canada,  than  colonel  Schuyler,  fo  neither  did  any  per- 
fon  more  heartily  engage  in  the  late  expedition.  To  pre- 
ferve  tlie  friendfhip  of  the  five  nations,  without  which  it 
would  be  impoffible  to  prevent  our  frontiers  from  becom- 
ing a  field  of  blood,  he  ftudied  all  the  ar  s  of  iiifmuating 
himfelf  into  their  favour.  He  gave  them  all  jwflible  encour- 
agement and  afiiftance,  and  very  much  impaired  his  own 
1  fortune,  by  his  liberality  to  their  chiefs.  They  never  came 
to  Albany,  but  they  refbrted  to  his  houfe,  and  even  dined 
at  his  table  ;  and  by  this  means,  he  obtained  an  afccndency 
over  them,  which  was  attended  with  very  good  confequen- 
ces  to  the  province  ;  for  he  could  always,  in  a  great  degree, 
obviate  or  eradicate  the  prejudices  and  jealoufies,  by  which 
the  French  jefuits  were  inceflantly  labouihig  to  debauch 
their  fidelity. 

Imprefled  with  a  ftrong  fenfe  of  the  neceflity  of  fome  vi- 
.  gorous  meafares  againfl  the  French,  colonel  Schuyler  y^as 

extremely  difcontented  at  the  late  difapponitment ;  and  re- 
'  Iblved  to  make  a  voyage  to  England  at  his  private  expenfe, 

the  better  to  inculcate  on  the  miniftry,  the  abfoUite  necef- 
I  fity  of  reducing  Canada  to  the  crowTi  of  Great-Britain.  For 
'  that  purpole,  he  propofed  to  carry  home  with  him  five 

Indian  chiefs.  The  houfe  no  fooner  heard  of  his  dcfi^gn, 
,$lian  tliey  came  to  a,  refolution,  which,  in  juftice  to 


138 


THE  HISTORY 


his  diflinguifhed  merit,  I  ought  not  to  fupprefs.  It  wai 
this  : 

"  R-cfolvetl,  neminc  contradiccnte,  that  the  humble  ad- 
drcfs  of  the  lieuteiiat-govemor,  council,  and  general  aflem- 
hlyofrhis  colony  to  the  queen,  reprefenting  ilic  prefcnt. 
itaic  of  this  plantation,  be  commirtcd  to  his  charge  and 
care,  to  be  prefented  by  hijnfclf  to  her  lacrcd  majcfty  ;  he 
being  a  peifon,  who,  not  only  in  the  laft:  var,  when  he 
coniniandcd  the  forces  of  this  colony  in  chief  at  Canada, 
but  alio  in  the  prcfent,  has  performed  faithful  Icrviccs,  to 
this  and  the  neighbourhig  colonics  ;  and  behaved  fhimielf 
in  the  olfices,  with  which  he  has  been  entruflcd,  with 
good  reputation,  and  the  general  faiisfaCtion  of  the  people 
in  thefe  parts." 

The  arrj\al  of  the  five  fachems  in  England,  made  a  great 
bruit  through  the  whole  kingdom.  The  mob  followed 
^vherever  they  went,  and  fmall  cuts  of  ihem  were  fold 
3niongthe  people.  Thecouitwas  at  that  time  in  mourning 
for  the  death  of  the  prince  of  Denmark  :  thefe  American 
kings*  were  therefore  drellcd  in  black  underclothes,  after 
tlie  Englifh  manner  ;  but  inilead  of  a  blanket,  they  had 
each  a  fcarlet-in-grain  cloth  mantle,  edged  with  gold, 
thrown  over  all  their  other  gannents.  This  drefs  wasdirecft- 
cd  by  the  dreflers  of  the  playhoufe,  and  given  by  the  queen, 
who  was  advifed  to  make  a  fliow  of  them.  A  more  than  or- 
elinary  folemnity  attended  the  audience  they  had  of  her 
'majeliy.  Sir  Charles  Cotterel  conducted  them,  m  two  coaches, 
%o  St.  James's  ;  and  the  lord  chamberlain  introduced  them 
into  the  royal  prcfence.  Their  fpeech,  on  the  19th  of  April, 
1 710,  is  preferved  by  Oldmixon,  and  was  in  thefe  w  ords : 
"  Grf.at  Q^usen, 

We  have  undertaken  a  long  voyage,  which  noneof 
onr  predeccflbrs  could  be  prevailed  upon  to  undertake,  to 
He  our  great  queen,  and  relate  to  her  thofe  things,  which 
"we  thought  abfolutely  neceflary  for  the  good  of  her,  and  us 
her  allies,  on  the  other  fide  the  water. 

We  doubt  not  but  our  great  queen  has  been  acquainted 
with  our  long  and  tedious  war,  in  conjuncftion  with  her  chil- 
d;  jn,  againll  her  enemies  the  French  ;  and  that  wc  have 
been  as  a  ftrong  wall  for  their  fecurity,  even  to  the  lofs  of 
our  beft  men.  We  were  mightily  rejoiced,  when  we  heard 


*  This  title  is  commonly  bellowed  on  the  fachemf, 
though  the  Indians  have  no  fuch  dignity  or  office  among 
them, 


O  F   N  E  W-Y  O  R  K.  13^ 

our  great  qneeii  had  refolved  to  fend  an  army  to  reduce 
Canada  ;  and  immediately,  in  token  of  friendfhip,  we  hung 
up  the  kettle  and  took  up  the  hatchet,  and,  with  one  con- 
fent,  aflifted  colonel  Nicholfon  in  making  preparations  on 
this  fide  the  lake  :  but,  at  length,  we  were  told  our  gi-eat 
queen,  by  fome  important  affairs,  was  prevented  in  her  de- 
iio-n,  at  prefent,  which  made  us  forrowfnl,  left  the  French, 
who  had  hitherto  dreaded  us,  fhould  now  think  us  unable 
to  make  war  againft  them.  The  reduction  of  Canada  is  of 
great  weight  to  our  free  hunting  ;  fo  that  if  our  great  queen 
Ihould  not  be  mindful  of  us,  we  muft,  with  our  families, 
forfake  our  country,  and  leek  other  habitations,  or  ftand 
neater,  either  of  which  will  be  much  againft  our  incli. 
nations. 

"  In  token  of  the  fincerity  of  thefe  nations,  we  do,  in 
their  names,  prefent  our  great  queen  with  thefe  belts  of 
wampum,  and  in  hopes  of  our  great  queen's  favour,  leave' 
it  to  her  moft  gracious  confideration." 

While  colonel  Schuyler  was  at  the  Britifh  court,  captain 
,  Ingolft)y  was  difplaced,  and  Gerardus  Beekman  exercifed 
the  powers  of  government,  from  the  icth  of  April,  1710, 
till  the  arrival  of  brigadier  Hunter,  on  the  14th  of  June 
following.  The  council  then  prefent  were, 

Mr.  Beekman,  Mr.  Mompeflbn, 

Mr.  Van  Dam,  Mr,  Barbarie, 

Colonel  Renflaer,         Mr.  Philipfe. 

Hunter  was  a  native  of  Scotland,  and,  when  a  boy,  put 
apprentice  to  an  apotl  ecary.  He  left  his  mafter,  and  wen: 

I  into  the  army  ;  and  being  a  man  of  wit  and  perfonal  beau- 
ty, recommended  himfelf  to  lady  Hay,  whom  he  nfter- 
wards  married.  In  the  year  1707,  he  was  appointed  lieu- 
tenant-governor of  Virginia,  but  being  taken  by  the  French 

iin  his  voya7,e  to  that  colony,  he  was  carried  into  France, 
and  upon  his  return  to  England,  appointed  to  fucceed  lonl 
Lovelace  in  the  government  of  this  and  the  province  of  Nev  - 
Jerfey.  Dean  Swift's  letter  to  him,  during  his  captivi' v. 
fliov»'sthat  he  had  the  honour  of  an  intimacy  witli  mr.  Adcii- 
fon  and  others,  who  were  diftinguifhed  for  their  good  icnle 
and  learning  ;  and  perhaps  it  was  by  their  intereft,  he  was 
advanced  to  this  profilable  place. 

Governor  Hunter  brought  over  with  him  near  three  thou- 

•  fand  palatines,  who,  the  year  before,  fled  to  England  fror.i 
the  rage  of  perfecution  in  Germany.  Many  of  thefe  people 

■  featedthemfelves  in  the  city  of  New- York,  where  they  built 

^1  a  Lutheran  church,  which  is  now  in  a  declining  condition. 


140 


THE  HISTORY 


Others  fettled  on  a  tratft  of  feveral  thoufUnd  acres,  in  the 
manor  of  Livinglton.  Their  village  there,  called  the  cam 
is  one  of  the  pleafanteft  fituations  on  Hudfon's  river  :  rigiit, 
oppofite,  on  the  welt  bank,  are  many  otiicr  families  of  theni; 
Some  went  into  Penniylvania,  and  by  the  favourable  ac^ 
counts  of  the  conntry,  which  they  tianfmitted  to  Ger- 
many, were  inllruinental  to  the  tranfniigration  of  many 
thoulands  of  tlieir  countrymen  into  that  province.  Queen 
Anne's  libci-ality  to  tliele  people,  w:is  not  more  bcncficiai 
to  them,  than  ferviccablc  to  this  colony.  They  have  behav- 
ed thcmlelves  peaceably,  and  lived  with  great  induflry. 
Many  are  rich,  all  are  protellants,  and  well  affected  to  the 
^ovei  nment.  The  fane  mud  be  faid  of  thofe  wlio  have  lateljf 
icttled  auionglt  us,  and  planted  the  lands  w  eftward  of  Al- 
bany. We  have  not  the  leall  ground  for  jealoufy  with  ref* 
pect  to  them,  Ainonglt  us  they  are  few  in  number,  com- 
pared to  thofe  in  Pcnnfylvania.  There  they  are  too  ntuner* 
ous,  to  be  foon  alfmiilated  to  a  new  conlkitution.  They  re- 
tain all  the  maimers  and  principles  which  p'-evail  in  theit 
native  country,  and,  as  many  of  thein  are  papifts,  fbme  are 
not  wirhout  tlieir  fears,  that,  fooncr  or  later,  they  will  be* 
come  dangerous  to  our  colonies*. 

The  late  attempt  to  attack  Canada  proving  abortive,  ex- 
pofed  us  to  confcquenccs  equally  calamitous,  dreaded,  and 
Ibrefeen.  While  the  preparations  were  making  to  invade  it, 
the  French  exerted  thcmfclvcs  in  cajoling  their  Indian  al- 
lies toaHiit  in  the  repidfe  ;  and  as  foon  as  the  fcheme  drop- 
ped, numerous  parties  were  fent  out  to  harrafs  the  Englilh 
frontiers.  Thefe  inniptions  were,  principally,  made  on  the 
northern  parts  of  New-England, where  the  moll  favage  crueb- 
ties  were  daily  committed.  New- York  had,  indeed,  hither^ 
to  efcapcd,  being  covered  by  the  Indians  of  the  five  nations; 
but  the  danger  we  were  in,  induced  governor  Hunter,  fooa 
after  his  arrival,  to  make  a  voyage  to  Albany,  where  he  met 


*  The  furprifmg  importation  of  Germans  into  that  colo-^ 
ny,  gave  rife  to  the  fcheme  of  difperfing  Englifh  clergy- 
me  i  and  fchoolmafters  among  them.  The  project  is  fouml- 
ed  on  principles  of  Ibund  policy.  If  a  political  million  a* 
mong  the  Indians  had  been  feafouably  encouraged,  the  pro- 
vince of  Pennfylvania  might  have  efcaped  all  that  fhockin* 
devaftation,  which  enfued  the  fatal  defeat  of  general  Brad* 
dock's  army  on  the  9th  of  July.  1755  ;  and  would,  perhaps^ 
have  prevented  even  the  ered:ion  of  fort  Oiielne,  which 
has  already  coft  the  nation  fo  much  blood  and  treafure. 


OF  NEW-YoAk, 


confederate  chiefs,  and  renewed  the  old  covenant, 
u  hile  there,  he  was  ftrongly  folicited,  by  the  New-Kngland 
governments,  to  engage  our  Indians  in  a  war  witli  thole 
who  were  daily  ravaging  their  borders  :  but  he  prudently 
declined  a  meafure,  which  might  have  expofed  his  own 
province  to  a  general  devaftation.  A  treaty  of  neutrality  fub- 
hfted,  at  that  time,  between  the  confederates  and  the  Canada 
French  and  their  Indians  ;  which,  depending  upon  the  faith 
of  lawlefs  flivages,  was,  at  beft,  but  precarious,  andyerthe 
only  fecurity  we  had  for  the  peace  of  gur  borders.  A  rup- 
ture between  them  would  have  involved  us  in  a  fcene  of  mi- 
iery,  at  a  time,  of  all  others,  moft  unfeafonable.  How^ever 
the  people  of  New- England  might  cenfure  the  governor,  it 
was  a  proof  of  wifdom  to  refule  their  requeft.  For  befides 
a  want  of  men  and  arms  to  defend  us,  our  forts  were  fallen 
down,  and  the  treafury  exhaufted. 

The  new  allembly  met,  at  New-York,  on  the  ift  of  Sep- 
tember. Ml*.  Nicoll,  the  fpeaker,  mr.  Livingiton,  mr.  do 
Lancey,  and  colonel  Morris,  were  the  members  moft  dil^ 
thiguilhed  for  their  adlivity  in  the  houfe.  Mr.  de  Lancey 
was  a  proteftant  refugee,  a  native  of  Caen  in  Normandy  ; 
and  by  marrying  a  daughter  of  mr.  Courtlandt,  conneifted 
with  a  family,  then,  perhaps,  the  moft  opulent  9.nd  exten- 
live  of  any  in  the  province.  He  was  an  eminent  merchant, 
and,  by  a  fuccefsful  trade,  had  amafled  a  very  confiderable 
fortune.  But  of  all  tliefe  colonel  Morris  had  the  greateft  in- 
fluence on  our  public  affairs.  Ke  was  a  man  of  letters,  and 
though  a  little  whimfical  in  his  temper,  was  grave  in  his 
manners,  and  of  penetrating  parts.  Being  exceflively  fond 
of  the  fociety  of  men  of  fenfc  and  reading,  he  was  never 
wearied  at  a  fitting,  till  the  fpirits  of  the  \vhole  ^company 
were  diflipated.  From  his  infancy,  he  had  lived  in  a  man- 
ner beft  adapted  to  teach  him  the  nature  of  man,  and  to 
fortify  his  mind  for  the  viciflitudes  of  life.  He  very  early 
loft  both  his  father  and  mother,  and  fell  under  the  patron- 
age of  his  uncle,  formerly  an  officer,  of  very  confiderable 
rank  in  Cromwell's  anny  ;  who,  after  the  reftoration,  dif- 
guifed  himfelf  under  the  profeflion  of  quakerifr ,  and  fet- 
tled on  a  fine  farm,  v/ithin  a  few  miles  of  the  city,  called, 
after  his  ovm  name,  Morrifania.  Being  a  boy  of  ftrong  paf- 
fions,  (the  general  indications  of  a  fruitful  genius,)  he  gave 
frequent  offence  to  his  uncle,  and,  on  one  of  thefe  occafi- 
ons,  through  fear  of  his  refentment,  ftrolled  away  into  Vir- 
ginia, and  thence  to  Jamaica  in  the  Weft-Indies,  where, 
to  fapport  himfelf,  he  fet  up  for  a  fcrivener.  Ai\er  feveral 
years  fpent  in  this  vagabond  life,  he  returned  again  to  bis 


THE  HISTOHV 


uncle,  wlio  received  the  young  prodigal  with  joy  ;  and, 
reduce  him  to  regularity,  brought  about  his  marriage  v/ith 
a  daughter  oFmr.  Graham,  a  hue  lady,  with  whom  he  lived 
above  fifty  years,  in  the  polleliion  of  every  enjoyment, 
which  good  lenfe  and  polite  manners  in  a  woman  could  afi 
£ord.  Thegreatelt  part  of  liis  life,  before  the  arrival  of  mr 
Hunter,  was  fpent  in  New-jerfey*,  where  he  fignalized 
liimfelf  inthe  fervice  both  of  the  proprietors  and  the  aflem- 
bly.  Tiie  latter  employed  him  to  draw  up  their  complaiitt 
againll  iny  lord  Cornbury,and  he  was  made  the  liearerof  it 
to  the  queen.  Though  he  was  indolent  in  the  management 
of  iiis  private  affairs,  yet,  through  the  love  of  povv  er,  he  wjtt 
always  bufy  hi  matters  of  a  political  nature,  and  no  man  in 
the  colony  equalled  him  in  tlie  knowledge  of  the  law  and 
the  arts  of  intrigue.  Krom  this  characfter,  the  reader  wiD 
eafily  perceive,  that  governor  Hunter  fliowed  his  prudenctf, 
in  taking  mr.  Morris  into  his  confidence,  liis  talents  and  ad- 
vantages rendering  him  either  a  ufeful  friend  or  formidable 
foe.  Such  were  the  ac^ting  members  of  thisallembly.  Whei 
brigadier  Hunter  fpoke  to  them,  he  recommended  the  fet- 
tling a  revenue,  the  defence  of  the  frontiers,  and  the  refto- 
ratioH  of  tlie  public  credit,  which  lord  C  :rnbury  had  al- 
inoit  entirely  dcllroyed.  To  ftifle  the  reinaming  fparks  ol 
our  ancient  feuds,  he  concluded  withthefe  words  :  If  anj 
go  about  to  difturb  your  peace,  by  reviving  buried  parties 
or  piques,  or  creating  new  ones,  they  fhafl  meet  with  nc 
countenance  or  encouragement  from  me  ;  and  I  am  fure 
they  deferve  as  little  from  you."  Theaddrefs  of  the  houfe 
was  perfectly  agreeable  to  the  governor.  They  promifed  to 
provide  for  the  fupport  of  government,  and  to  reftore  the 
public  credit,  as  well  as  to  protect  the  frontiers.  In  anfwei 
to  the  clofe  of  hisfpeech,  they  declare  their  hope,  "  That 
fuch  as  excited  party  contentions,  might  meet  with  as  littk 
credit,  and  as  mucli  difgrace,  as  they  deferve."  This  una- 
nimity, however,  was  foon  interrupted.  Colonel  Morris, 
for  Ibme  warm  woi'ds  dropped  in  a  debate,  was  expelled 
.the  houfe  ;  and  foon  after  a  difpute  arofe,  between  the 
c  uncil  and  affembly,  concerning  fome  amendments,  made 
by  tlifc  former,  to  a  bill  "  for  thje  treafurer's  paying  fondry 


*  He  was  one  of  the  council  in  that  province,  and  a  judge 
of  the  fupreme  court  there,  in  1692.  Upon  the  furrender 
of  the  government  to  queen  Anne,  in  1702,  he  was  named 
to  be  governor  of  the  colony ;  but  the  appointment  was 
changed  iii  f*avour  of  lord  Conibur^'^  the  queen's  coufin. 


O  F   N  E  W.Y  O  R  K.  T45 

cams  of  money/'  The  defigii  of  it,  in  mentioning  the  par. 
icular  fums,  and  rendering  them  ifluable  by  their  own  of- 
icer,  was  to  refVrain  the  governor  from  repeating  the  mif- 
ipplications  which  had  been  fo  freqnent  in  a  late  adminif- 
ration.  Tiie  council,  for  that  reafon,  oppofed  it,  and  ad- 
lered  to  their  amendments  ;  which  occalioncd  a  prorotrati- 
in,  on  the  25th  of  November,  after  the  pafling  of  fcveral 
itherneceflary  laws. 

Mr.  Hunter  cautioufly  avoided  entering,  publicly,  into 
he  difpute  between  the  two  houfes,  till  he  knew  the  fen- 
iments  of  the  miniilry,  and  then  he  opened  the  fpring  fef- 
ions  with  a  fpeech  too  lingular  not  to  be  inferted. 

Gentlemen, 

"  I  hope  you  are  now  come  with  a  difpofition  to  anfwer 
■  c  ends  of  your  meeting,  that  is,  to  provide  a  fuitable  fup- 
L  for  her  majefty's  government  here,  in  the  manner  fhe 
been  pleafed  to  direct  ;  to  find  out  means  to  reftore  the 
)lic  credit,  and  to  provide  better  for  your  own  fecuritv. 
They  abufe  you,  who  tell  you,  that  you  are  hardly  dealf 
>y  in  the  augmentation  of  fala' ies.  Ker  majefty's  inllruc- 
^  ions,  which  I  communicated  to  you  ^t  our  lalt  meeting; 
r  night  have  convinced  you,  that  it  was  her  tendernefs  to- 
j  vards  her  fubjecfts  in  the  plantations,  who  fuffered  under  an 
jf  ftabliftied  cuftom  of  making  coniidei-able  prefents  to  their 
\  governors,  by  aets  of  aflbmbly,  that  induced  her  to  allot  to 
ach  of  them  fuch  a  fah-  ry  as  fhe  judged  fuflicient  for  their 
Support,  in  their  refpecftive  ftations,  witli  aftrict  prohibi- 
lon  of  all  fuch  prefents  for  the  future  ;  which  inflruiftion 
las  met  with  a  chearful  a^d  grateful  compliancy  in  aU  the 
,)ther  colonies.  '  ^ 

^    "If  you  have  been  in  any  thing  diftinguiflied,  it  is  by  an 
^  :xtraordinary  meafure  of  her  royal  boimty  and  care.  I  hope 
^ou  will  make  fuitable  returns,  left  fbme  infnmations,  much 
epeated  of  late  years,  fhould  gain  credit  at  laft,that  how- 
ever your  refentment  has  fallen  upon  the  governor,  it  is  the 
p  government  you  diflike. 

J  ,  It  is  neceflkry,  at  this  time,  that  you  be  told  alfo,  that 
iOvipg  money  for  the  fupport  of  government,  and  difpofuio- 
)f  It  at  your  pleafure,  is  the  fame  with  giving  none  at  alf 
ier  majefty  is  the  fole  judge  of  the  merits  of  her  fer^ants. 
•rius  right  has  never  yet  been  difputed  at  home,  and 
hould  I  confent  to  give  it  up  abroad,  I  fhould  render  myfblf 
inworthy,  not  only  of  the  truft  repofed  in  me,  but  of  the 
ociety  oi  my  fellow-fubjec^ts,  by  incurring  her  higheft  dif, 
>Jealure.  If  I  have  tired  you  by  a  long  fpeech,  Ifhallmake 


I 


*44 


THE  HISTORY 


amends  by  puttmg  you  to  the  |roublc  of  a  very  fiiort  an-  '1 
fwer.  i 

Will  you  fuppoit  her  niajefty's  government,  in  the -J 
manner  Oic  has  been  pleafed  to  direc^t,  or  are  you  refolved  ^ 
that  burden  fliall  lie  Itill  upon  the  governor,  who  cainiot  * 
accufe  hlmfelfofauy  thing  that  may  have  deferved  tlii«' ' 
treatment  at  your  hands  ?  '  ' 

W  ill  you  take  care  of  the  debts  of  the  government ;  or,  ' 
to  increafc  my  fufferings,  mull  I  continue  under  the  torture  f, 
of  the  daily  ciies  of  fuch  as  have  jult  dcuiands  upon  you,*" 
and  are  in  mifery,  without  the  power  of  giving  them  any  i 
hopes  of  relief  ?  ^ 

W^ill  you  take  more  effediual  care  of  your  own  fafety, 
in  that  of  your  frontiers  ;  or  are  you  rcfolved  for  the  fu- 
ture to  rely  upon  the  fecurity  of  an  open  winter,  and  the 
capiicc  of  your  favage  neighbours  ?  I  fliall  be  very  forry  if 
this  plainnefs  offends  you.  I  judge  it  neccflary  towards  the 
eftablifhing  and  cultivating  a  good  ujiderftandin^  betwixt 
us;  I  hope  it  will  be  i'o  conitrued,  and  wiHi  heartily  it  may 
have  that  effect." 

Perplexed  with  this  remarkable  fpccch,  the  affembly,  af- 
ter a  few  days,  concluded,  that  as  his  excellency  had  pro- 
rogued them  in  February,  while  he  NVas  at  Burlington,  in 
the  province  of  New- J erfey,  they  could  not  (it  and  ad:  as 
a  houfe  ;  upon  w  hich,  they  were  the  lame  day  diflblved. 

The  /ive  Indian  kings,  carried  to  England  by  colonel 
Schuyler,  having  fecn  all  the  curiofiries  in  London,  and 
been  much  entertained  by  many  perfons  of  difVincftion,  re-  J 
turned  to  Bofton,  with  commodore  Martin  and  colonel  • 
Nicholfon  ;  the  latter  of  w  hom  commanded  the  forces  de-  ' 
filled  againft  Port-Royal  and  the  coall  of  Nova-Scotia.  In 
this  enterprife  the  New-England  colonies,  agreeable  to  their* 
wonted  courage  and  loyalry,  lent  their  afliltance  ;  and  the 
reduction  of  the  garnfon,  which  was  then  called  Annapo- 
Jis-Royal,  v  as  happily  completed  on  the  2d  of  October, 
17x0.  Animated  by  this,  and  Tome  other  fuccedes  in  New- 
foundland, Nicholfon  again  urged  the  profecution  of  the 
fchjme  for  the  reduction  of  Canada  ;  which,  having  been 
ftrongly  recommended  by  the  Indian  chiefs,  as  the  only  ef- 
fei*tual  means  to  fecure  the  northern  colonies,  w  as  now  again 
refinned. 

Towards  the  execution  of  this  project,  five  thoufand 
troops  from  England  and  Flanders,  were  fent  over  under 
the  command  of  brigadier  Hill,  the  brother  of  mvs.  Mafham, 
the  i^aeen's  new  coSidant,  on  the  difgrace  of  the  duchefi  of 


OF    NEW.  YORK. 


.iariborough.  The  fleet  of  tran (ports,  under  the  convoy  o^ 
fir  Hoveden  Walker,  amved,  after  a  month's  paliage,  at 
Bofton,  on  the  4th  of  June,  1711.  The  provilions,  with, 
vvhicli  they  expecfted  to  be  fiipplied  there,  being  not  provid- 
ed^ the  troops  landed.  Nicholl'on,  who  was  to  command  tiie 
land  forces,  came  immediately  to  New- York,  where  mr. 
Hunter  convened  the  allembly,  on  the  2d  of  July.  The  re- 
election of  the  fame  members,  who  had  ferved  in  the  laft, 
was  a  lufficient  proof  of  the  general  averfion  to  the  eftablifli- 
ment  of  a  revenue.  Robert  Livingflon,  junior,  who  married 
the  only  daugiiterof  colonel  Schin  ler,  came  in  for  Albany  ; 
and,  together  with  mr.  Morris,  who  was  again  chofen  for 
the  borough  of  Weft-Chefler,  joined  thegoveinor'sintei  eft. 
Brigadier  Hanter  informed  the  ailcmbiy  of  the  intended 
expedition,  and  the  arrival  of  the  feet  and  forces  ;  that  the 
quota  of  this  province,  fettled  by  the  council  of  war,  at 
Kew-London,  was  600  private  centinels  and  their  ofiicers  ; 
befides  which,  he  recommended  their  making  provilion  for 
building  batteaus,  tranljponing  the  troops  and  pro%ifions, 
fubfifting  the  Indians,  and  for  the  contingent  charges  :  nor 
did  he  forget  to  mention  the  fupport  of  government  and  the 
public  debts. 

I  The  houfe  was  fo  well  pleafed  with  the  defign  upon  Ca- 
nada, that  they  voted  an  addrefs  of  thanks  to  tbe  queen, 
and  fent  a  committee  to  Nicholfon,  to  congratulate  his  ar- 
rival, and  make  an  honourable  acknowledgment  of  his  "  fe*. 
dulous  application  to  her  majelly  for  reducing  Canada.'*  tn' 
a  Few  days  time,  an  snil  was  palled  for  railuig  forces  ;  Snd 
the  ailembl}',  by  a  refolution,  according  to  the  governt)r*s 
advice,  reitricted  the  price  of  provilions  to  certain  particu- 
lar funis.  Bills  of  credit,  for  forwarding  the  expedition, 
were  now  alfo  ftruck,  to  the  amount  of  io,oocl.  to  be  funk 
ill  five  years,  by  a  tax  on  eftates  real  and  perfonal.  After 
thefe  fupplies  were  granted,  the  governor  pro-  ogued  the 
aflcmbly  ;  though  nothing  was  done  relatuig  to  the  oi^di- 
nary  fupport  of  government. 

While  thefe  preparations  were  making  at  New-York,  the 
fleet,  confifliing  of  twxlve  men  of  war,  forty  tyanfports,  and 
fix  ftore-fliips,  with  forty  horfes,  a  fine  train  of  artillery  and 
all  manner  of  warlike  ftoi  es,  failed  for  Canada,  fioni  Bof- 
ton,  on  the  ^oth  of  July  ;  and,  about  a  month  afterwards, 
Nicholfon  appeared  at  Albany,  at  the  head  of  an  army  of 
four  tiiouland  men,  raifed  in  this  and  the  colonies  of  New- 
Jerfey  and  Conne(rticut :  the  feveral  regiments  being  coni- 
matided  by  colonel  Ingolfby,  colonel  Whitbig,  aiid  colonel 


THE  HISTORY 


fidiTiyler,  tlie  latter  of  whom  proc\ired  6co  of  the  five  na- 
tions to  join  our  army. 

The  French,  in  Canada,  were  not  imapprifcd  of  thefc 
dcfigns.  Vandreuil,  the  governor  ^enei-al,  fent  his  orders, 
from  Montreal,  to  the  iienr  de  Heaucourt,  to  haften  the 
works  he  was  about  at  Qjiiebcc,  and  commanded  that  all  the 
regulars  and  militia  fliould  be  licld  in  readinefs  to  march  on 
the  firft  warning.  Four  or  five  hundred  Indians,  of  the  more 
diftant  nations,  arrived  at  the  fame  time  at  Montreal,  with 
mcflieurs  St.  Pierre  and  Tonti,  who,  tr>gethcr  with  the 
Caghnuaga  profjlytes,  took  up  the  hatchet  in  favour  of  the 
French.  Vaudreuil  afierdifpatcliing  feveral  Indians  and  two 
millionarics  among  the  five  nations,  to  detach  them  from  our 
intereft,  went  to  Q^uebec,  which  Beaucourt,  the  engineer, 
had  fufficienily  fortified  to  f:iftaiii  a  long  fiege.  All  the  prin- 
cipal polVs  below  the  city,  on  both  fides  of  the  river,  werp 
prepared  to  receive  the  Hritilh  ti'oops  in  cafe  of  their  land- 
inig.  On  tlie  14th  of  Anguft,  fir  Hovcden  Walker  arrived 
xviih  the  fleet  in  the  mouth  of  St.  Lawrence  river;  and  fear- 
ing to  lofe  the  company  of  the  tranfporrs,  the  wind  blow- 
ing frefh  at  north-wefl,  he  put  into  Gafpy  bay,  and  con. 
tinned  th?re  till  the  20th  of  the  fame  month.  Two  days  af- 
ter he  failed  from  thence,  the  fleet  was  in  the  ntmoil  dan- 
ger, for  they  had  no  foundings,  were  without  f^ght  of  land, 
the  wind  high  at  eail-fourh-eafi,  and  the  flcy  darkened  by  a 
thick  fog.  In  thefe  circumfVances,  the  fleet  brought  to,  by 
the  advice  of  the  pilots,  who  were  of  opinion,  that  if  the 
fhips  lay  with  their  heads  to  the  fouthward,  they  might  be 
driven  by  the  flream  into  the  midft  of  the  channel  :  but 
inftead  of  that,  in  two  hours  after,  tliey  found  themfelves 
on  the  north  fljore,  among  rocks  and  iflands,  and  upon  the 
point  of  being  lofl.  The  men  of  w  ar  cfcapcd,  but  eight 
tranfports,  containing  eight  hundred  fouls,  ofTcers,  fol- 
diers,  and  feamen,  were  caft  away.  Two  or  three  days  being 
fpent,  in  recovering  what  they  could  from  the  fhore,  it  was 
determined,  at  a  confultation  of  fea  officers,  to  return  to 
fome  bay  or  harbour,  till  a  further  refolution  could  be  taken. 
On  the  1 4th  of  September,  they  arrived  at  Spanilh-River 
bay,  where  a  council  of  war,  confifting  of  land  and  fea  of- 
ficers  confidering  that  they  had  but  ten  weeks  provifion, 
and  judging  that  they  could  not  depend  upon  a  fupply 
from  New-England,  unanimoufly  concluded  to  return  home, 
without  making  any  farther  attempts  ;  and  they  according- 
ly arrived  at  Portfmouth  on  the  9th  of  0(ftober,  when,  in 
^_^dition  to  our  misfortunes,  the  Edgar,  a  70  gun  fliip,  wa^ 


Of  n£w-y6rk. 


^^ld^vll  up,  having  on  board  above  four  hundred  men,  be* 
(iJes  many  perfons  who  came  to  vilit  their  friends. 

As  foon  a3  the  marquis  de  \^audreuil,  by  the  accounts  of 
the  filhermen  and  two  other  fliips,  had  reafon  to  fufpevflthat 
our  fleet  was  returned,  he  went  to  Chambly,  and  formed  a 
camp  of  three  tlioufand  men  to  oppofe  Nicholfon's  army, 
intended  to  penetrate  Canada,  at  tliat  end.  But  he  was  foon 
informed  that  our  troops  were  returned,  upon  the  news  of 
the  difafter  which  had  befallen  the  fleet,  and  that  the  peo- 
ple of  Albany  were  in  the  utmofl:  confliernation. 

The  new  miniftry  are  generally  cenfured  for  their  con- 
dudl  in  this  expedition  by  the  whigs,  who  condemn  both 
the  projedc  and  the  meafures  taken  to^vards  its  execution. 
The  fcheme  was  never  laid  before  the  parliament,  though  it 
was  then  fitting ;  but  this,  it  is  faid,  was  for  the  greater 
fecrecy,  and  for  the  fame  reafon,  the  fleet  was  not  fully 
vidiualled  at  home.  They  relied  upon  New- England  for  fup- 
plies,  and  this  dellroyed  the  defign.  For  the  fliips  tarried  at 
£ofton,  till  the  feafon  for  the  attack  was  over. 

According  to  lord  Harley's  account  of  this  expedition,  the 
whole  was  a  contrivance  of  Bolingbroke,  Moore,  and  the 
lord  chancellor  Harcourt,  to  cheat  the  public  of  twenty 
thoufand  pounds.  The  latter  of  thefe  was  pleafed  to  fay. 

No  government  was  worth  ferving,  that  would  not  admit 
of  fuch  advantageous  jobs." 

Apprehenfive  that  the  enemy  would  fall  upon  our  bor- 
ders, as  they  afterwards  really  did,  in  fmall  parties,  upon 
the  mifcarriage  of  that  enterprife  ;  governor  Hunter  prefled 
the  aflembly,  in  autumn,  to  conthiue  a  nunlber  of  men  in 
pay  the  enfuing  winter,  and  to  repair  the  out-forts.  After 
tlie  houfe  had  pafled  feveral  votes  to  this  purpofe,  his  ex- 
cellency, durhig  the  feflion,  went  up  to  Albany,  to  withdraw 
the  forces  of  tiie  colony,  and  give  orders  for  the  neceflary 
repairs. 

The  public  debts,  by  this  unfortunate  expedition,  were 
become  greatly  enhanced,  and  the  aflembly,  at  laft:,  enter- 
ed upon  meafures  for  the  fupport  of  the  government,  and 
fent  up  to  the  council  feveral  bills  for  that  purpofe.  The 
latter  attempted  to  make  amendments,  which  the  other 
would  not  admit,  and  a  warm  controverfy  arofe  between 
thofe  two  branches  of  the  legiflature.  The  council  afligned 

'  infl:ances,  that  amendments  had  formerly  been  allowed  ; 
and,  befidesthis  argument,  drawn  from  precedent,  inlifted 

1  fiiat  they  were  apart  of  the  legiflature,  confliituted  as  the 
aflembly  were,  "  by  the  mere  grace  of  the  crown  adding 
that  the  lords  of  trade  had  determined  the  matter  iu  theii- 


TH5  HISTORY 


Javoi^.  The  houfe  nevcrth^leis,  adhcccd  td  their  refolutioiis^ 

and  aiifwcmi  in  i-icfc  words  : 

^  *  fis  zruCf  die  fhare  the  council  have  (if  any)  in  the  le- 
giflation,  docs  noL  iiow  i\om  any  litlc  tliey  have  from  the 
nacui  c  of  that  boiird,  which  is  only  to  advifc ;  or  from  tlieif 
bcin  Q  another  diftinct  ftaic,  or  i-ank  of  people  in  the  cunfti- 
turioji,  which  tliey  are  not,  being  all  commons  ;  but  oidy 
from  lie  mere  pleaf are  of  the  prince,  fignificd  in  the  com- 
iniiiijn.  On  the  contrary,  the  inlicrcnt  right  tlie  ailembly 
h  ive  to  difpofe  of  the  money  of  the  free.ncn  of  this  colony, 
docs  not  proceed  from  any  coinmillion,  letters  patent,  or 
otlier  grant  from  the  crown  ;  but  from  the  free  choice  and 
election  of  tiie  people,  wiio  ought  not  to  be  divelled  of 
their  property  (nor  jultly  can)  without  their  confent.  Any 
former  condcfcenfions,  of  oilier  aflemblics,  will  not  pref- 
cribe  lo  the  coinicil,a  privilege  to  make  any  of  thofe  amend- 
ments, and  therei'ore  they  have  it  not.  If  the  lords  com- 
miiiioners  for  ti-adc  and  plantations,  did  conceive  no  reafon 
why  tlie  council  fhould  not  Irave  right  to  amend  money 
lulls,  this  is  fat*  from  concluding  there  are  none.  The  aflem- 
bly  undcrftand  them  very  well,  and  are  fufficiently  con- 
"viuccd  cf  the  neccfTiry  they  arc  in,  no.  to  admit  of  any  e^- 
croachment  fomucli  to  their  prejudice." 

Both  lioufes  adhered  obllinatcly  to  their  rcfpecflive  opini- 
ons :  ia  confcquence  of  which,  the  public  debts  remained 
unpaid,  though  his  excellency  could  not  omit  pafling  a  bill  ' 
for  paying  to  himfelf  ^750  ounces  of  plate. 

Upon  the  return  of  the  fleet,  Dudley,  Saltonflal,  and 
Cranfton,  the  governors  of  the  eallern  colonies,  formed  a 
tlefigii  of  engaging  the  five  nations  in  a  rupture  with  the 
French,  and  wrote  on  tliat  head  to  mr.  Hunrer ;  who,  fuf^ 
picious  that  hisaflembly  would  not  approve  of  any  projecft 
^hat  might  increafe  the  public  debts,  laid  their  letter  before 
the  houfe,  and,  according  to  his  expectations,  they  declar-'  1 
ed  againll  the  fcheme. 

About  this  time  colonel  Hunter,  by  the  advice  of  hif 
council,  began  to  cxercife  the  ofHce  of  chancellor,  having, 
OP  the  4th  of  October,  appointed  meflieurs  Van  Dam  and 
Phllipfe,  malWrs,  mr.  %\'hileraan,  regifter,  mr.  Harrilon, 
examiner,  and  mefficurs  Sharpas  and  Broughton,  cleiks.  . 
A  proclamation  was  then  iffaed,  to  fignify  the  iirring  of  the 
court  on  Thurfday  in  every  week.  This  gave  rife  to  thefe 
nvo  refolutions  of  the  houfe.  j 

<f  E-efolved,  that  the  erecfting  a  court  of  chancery,  with-  1 
out  confent  h\  general  aficmbly,  is  contra^  y  to  law,  with-*  I 


O       N  E  W  -  Y  O  R  K.  149 

out  precedent,  aiicl  of  dangerous  confequences  to  the  liberty 
and  property  of  the  Ihbjecis. 

That  the  eilablifhing  fees,  without  confent  h-.  general 
aflembly,  is  contrary  to  law."  The  council  made  thefe  voies 
the  fabjei^t  of  part  of  a  long  repreientacion,  which  they 
fliortly  after  tranfmincd  to  u\e  lords  of  trade,  viho,  in  a 
letter  to  the  governor,  in  anfwertoit,  approved  of  his  c- 
recting  a  court  of  equity,  and  blamed  the  alienibiy  ;  adding. 
That  lier  majcfty  has  an  undoubted  right  of  appointing 
fiich,  and  fo  many  courts  of  judicature,  in  the  plantati- 
ons, as  flie  lliali  think  neceliarj-  for  the  diitribution  of 
jultice." 

At  the  next  meeting,  in  May  1 712,  colonel  Hunter  ftrong- 
ly  recommended  the  public  debts  to  the  confideration  of 
the  ailcmbly,  informing  them,  that  the  lords  of  trade 
had  lignified  their  opinion,  with  refpec^t  to  the  amending 
money  bills,  in  favom*  of  the  council.  The  houfe  neglcctled 
the  matters  laid  before  them,  and  the  governor  broke  up 
the  feflions  by  a  fliort  prorogation  of  three  days.  After 
which  they  loon  palled  an  adt  for  paying  his  excellency 
8025  ounces  of  plate.  Our  public  affairs  never  wore  a  more 
melancholy  afpcv.^  than  at  tliis  junclure. 

Among  the  hve  nations  many  ejnifliiries  from  the  French 
were  daily  feducing  them  fi-om  the  iiririlh  interelV,  and  our 
late  ill  fuccefs  gave  fnch  a  powerful  influence  to  tlieir  folici- 
tations,  that  the  Indians  even  at  Catt's  Kill  fent  a  belt  of 
Wampum  to  thofe  in  Duchels  county,  to  prepare  for  a  war. 
The  Senecas  and  Shr-.wanas  were  alfo  greatly  difsffeiited  : 
and  it  was  generally  apprelicnded  tiiattiiey  would  fail  upon 
the  inhabitants  along  Iludfbn's  river.  An  iuvafion  was 
Itrongly  fufpetited,  by  fea,  on  the  city  of  New-Yovk,  where 
they  had  been  alarmed,  in  April,  by  an  infarreetion  of  the 
negroes  ;  who,  in  execution  of  a  plot  to  fet  fire  to  the  town, 
had  bHrnt  down  a  iioufe  in  the  night,  and  killctl  feveral 
people  who  came  to  extinguifii  the  hrc,  for  which  nineteen 
of  them  were  afLel•^vards  executed.  But  diftiefled  as  the  co- 
lony then  Was*  the  allembly  were  inllexlbiy  ave:  fe  to  the 
eltablilhment  of  a  revenue,  which  iiad  formerly  been 
wickedly  mifapplied  and  cxhaufted.  At  the  cnfuing  feilion, 
in  the  fall,  colonel  Hunter  propofed  a  fcheme  to  the  1  {ierr"- 
bly,  which  was,  in  fnbilance,  that  the  receiver- gene?  al 
Ihould  give  fccurity,  rending  in  the  colony,  for  tiie  due? 
execution  of  his  oiTicc  ;  and,  every  quarter,  account,  to  the 
governor  and  council,  for  the  fums  he  might  receive.  That 
vhe  creditors  of  the  government  fiiould,  every  three  months, 

V 


THE  HISTORY 


deliver  in  their  demands  to  the  <»;ovcnior  and  council  ; 
when,  if  that  quarter's  revenue  equalled  the  amount  of  futh 
debts,  the  {governor,  by  the  advice  of  council,  lliould  draw 
for  it  ;  but  il'thc  revenue,  for  that  quarter,  /houid  lall  fliort 
of  the  governor's  demands  ;  then  the  warrants  were  to  be 
drawn  for  fo  much  only  as  remained,  and  the  creditors 
iliould  afterwards  receive  new  drafts  for  their  balances  in 
the  next  quarter.  Tiiat  no  warrant  fliould  be  ifl'ucd,  until 
the  quarterly  account  of  the  revenue  was  given  in  ;  but 
that  then  they  fliouUl  be  paid  in  courfe,  xid  an  acftion  of 
debt  be  given  ai^aiiid  the  receiver-general  in  calc  of  refulal. 
That  he  fliould  account  alfo  to  the  allembly  when  required, 
and  permit  all  pcrlbns  to  have  recourfc  to  his  books.  The 
houfe  turned  a  deaf  ear  to  this  planfible  project,  and,  dif- 
pleafed  witli  a  letter  fro  u  the  lords  of  trade,  iavouring  the 
council's  claim  to  amend  money  bills,  they  agreed  upon  an  ad- 
dreli  ro  the  queen,  proteftin <>;  their  willingnefs  to  fupjwrt  her 
government,  complainijig  ofmilapplications  in  the  trcafliry, 
intiaiating  their  fiilpi-cions  that  they  were  mifreprefented^ 
and  playing  an  inllrudtion  to  the  governor  to  give  his  con- 
sent to  r.  law,  lor  fiipporring  an  agent  to  reprefcnt  them  at 
the  court  of  Great  Ih  it  lin.  Provoked  by  this  conduct,  and 
to  put  an  end  to  the  difputes  fubfiiling  between  the  two 
houfes,  his  excellency  dill<)lved  the  allembly. 

Before  the  meeting  of  the  next  allembly,  the  peace 
of  Utrecht  was  concluded,  on  the  ;ift  of  March, 
A  peace,  in  the  judgment  of  many,  diflionourable  to  Great- 
Britain,  and  injurious  to  her  allies.  I  fliall  only  confider  it 
with  relation  to  our  Indian  affairs.  The  reader  doubtlefi 
obfcrved,  that  lord  Bellamont,  after  the  peace  at  Ryfwick, 
contended  with  the  govcnior  of  Canada,  that  the  five  na-^ 
tions  ought  to  be  confulercd  as  fubjects  of  the  Britifh  crown, 
and  that  the  point  was  difputed  even  after  the  death  of 
count  FronteivAc.  It  does  not  appear  that  any  decifion  of 
that  matter  was  marie  between  the  two  crowns,  till  the  trea- 
ty of  Utrecht,  the  XVth  article  of  which  15  in  thefe  words: 
The  fubjeclis  of  Fi*ance  inhabiting  Canada,  and  others, 
fhall  hereafter  give  no  hindrance  or  molelfation  to  the  five 
nat'ons,  or  cantons  of  Indians,  fubjecft  to  the  dominion  of 
Great-Britain,  nor  to  the  other  nations  of  America  who  are 
friends  to  the  fame.  In  like  manner,  the  fubjecfts  of  Great- 
Britain  fliall  behave  themfelves  peaceably  towards  the  A- 
mericans,  who  are  fub]ec%  or  f. -lends  to  France  ;  and  on 
both  fides,  they  lhall  enjoy  full  liberty  of  going  and  coming 
OH  account  of  trade.  Alfo  the  natives  of  thefe  countries  ihall, 


OF    N  E  W  -  Y  O  R  K. 


151 


with  the  fiime  liberty,  refort,  as  they  pleafe,  to  the  Brjtifh 
and  French  colonies,  for  promoting  trade  on  one  fide  and 
the  other,  without  any  moleftation  or  hindi-ance,  either  on 
the  part  of  the  Britilh  fubjecls,  or  of  the  French.  But  it  is 
to  be  exactly  and  diftindlly  fettled  by  commiflaries,  who 
are,  and  who  ought  to  be,  accounted  the  fabjetfts  of  Britain 

j  or  of  France.'' 

In  confeqiience  of  this  treaty,  the  Britifh  crown  became 
entitled,  atleall  for  any  claim  that  could  juftly  be  interpof- 

1  ed  by  the  French,  to  the  fovereignty  over  the  country  of 
the  five  nations,  concerning  the  extent  of  which,  as  it  never 
was  adjufted  by  commiflaries,  it  may  not  be  improper  to 
fay  a  few  words. 

When  the  Dutch  began  the  fettlement  of  this  country, 
all  tiie  hidians  on  Long-Ifland,  and  the  northern  fhore  of 
the  found,  on  the  banks  of  Connecticut,  Hud  fon's,  Delaware, 
and  Sufquehanna  rivers,  were  in  fubjecTiion  to  the  five  nati- 
ons  ;  and,  within  the  memory  of  perfons  now  living,  ac- 

'  knowledged  it  by  the  payment  of  an  annual  tribute*.  Tlie 
French  hiftorians  of  Canada,  both  ancient  and  modern, 
agree,  that  the  more  northern  Indians  were  driven  before 
the  fuperior  martial  prowefs  of  the  confederates.  The  au- 
thxir  of  the  book  entitled,  Relation  de  qiii  s'ejl  ^ajfe  de  plus 
f'faMrquable  aux  viijpcn  de  pcres  dc  la  compagnie  dc  J-f'o:,  eji 
la^ouvslU  Francej  publifhed  with  the  pnvilege  of  the 
French  king,  at  Paris,  in  1 66 r, writes  with  fuch  fingular  lim- 

'  .plicity,  as  obviates  the  leait  fufpicion  of  tiiofe  finiftcr 
views,  fo  remarkable  in  the  late  French  hiilorics.  He  in- 

;  forms  us,  that  all  the  northern  Indians,  as  far  as  Hudfon's 
bay,  were  harrafled  by  the  five  nations.  "  Partout  (fays  he, 
fpeaking  in  the  name  of  the  mifiionarics)  ncus  tro:ivo?is 
IroquoUy  qu'i^  coinnie  itn  phantonie  iviportiin,  tions  ohfcde  en 
tons  lieux.'*  In  the  account  he  gives  of  the  travels  of  a  fa- 
ther, in  1658,  we  are  told,  that  the  tanks  of  the  upper  lake 
were  lined  with  the  Algonkins,  "  0:1  la  cra'nite  des  Iroquois 
leur  a  fait  cherchsr  un  ajyle.**  Writing  of  the  Hurons,  f<  la 
nation  la  plus  fedentalrc  &  la  pins  propr^  pour  ies  fciiiences  de 
la  foi,''  he  reprefenfs  them  as  totally  detlroyed  by  the  con- 
federates. Charlevoix,  whofe  hiftory  of  New  France  is  cal- 
culated to  countenance  the  encroachments  of  the  Frencli, 


*  A  little  tribe,  fettled  at  the  fugar-loaf  mountain  in 
Orange  county,  to  this  day  make  a  yearly  payment  of  abpuc 
20I.  to  the  Mohawks. 


153 


THE  HISTORY 


eivM  the  following  dcfcriptioii  of  the  temtory  of  the  con- 
iedcratcs. 

1  lic  country  of  the  Iroquois  (f:jys  he)  extends  itfclf  be- 
tween tUc  4 ill  and  44th  de<;recs  ol' north  latitmlc,  about  70 
or  do  IcMgucs  tVoni  taltto  wtlt,  fjouiihc  head  of  the  river, 
bearing;  tor  iis  name  tluit  of  Kichlieu  and  Sorclt ;  tliat  is, 
ti  oju  lake  St.  iiaci  ament  to  Nia«^dra,  ami  a  Utile  above  forty 
leagues  from  noith  to  Ibuiji,  or  ratlicr  noi  th  call  and  fouth- 
velt  iVojn  tiic  heatlof  theMoha^^  l.s  r'lNcr  to  the  river  Ohio. 
'1  iius  ti^e  kill  mentioned  ri*.  er  and  Feiinfvlvania  bound  it 
on  the  Ibuth,  Cntiie\Neil  it  hiti>  lake  Ontario;  and  lake 
hrie  on  the  north- welt  ;  St.  Sacramtnt  antl  the  river  St. 
Lawrence  on  the  nonh  ;  on  the  Icuih  and  Ibiith-eall,  the 
j>iOv:jice  of  Ncvn -York.  It  is  v  aured  witlr  many  rivti  s. 
The  land  is  in  fo:i:e  pi::ces  broken,  but,  generally  Ipeuking, 
very  fertile." 

ill  tiiii  partial  dcfcriptioii,  the  jefuit  is  neither  confident 
witii  his  geographer,  nor  fevc.al  oiher  French  authors  ; 
and  yet  both  his  liiliory  and  mr.  beliin's  maps,  in  1744', 
Mhich  are  bauud  up  with  it,  furnilh  many  itrong  evidences 
in  favour  of  the  Britilh  claims.   I  will  pyini  out  a  few  in- 


f  The  liver  i(Ii:ing  from  lake  Champlain,  is  fln)ed. 
Riviere  des  Iroqi.ois  de  Richelieu  &  Sgrel  :  but  the  lalt  is 
now  molt  commonly  ul'ed, 

*  ^h-.  Bellin  publiihed  a  new  fet  of  maps  in  1745,  the 
firft  plate  beino.  thought  too  favourable  to  our  claims,  efpe- 
cially  in  the  protraction  of  the  north  fule  of  the  bay  of  Fun- 
dy,  for  Nova  Scotia,  which,  in  the  fecond  plaie,  was  called 

the  fouth  part  of  New  France."  Gener,il  Shirley,  one  of 
the  Britilli  commif;aries  for  fettling  the  difputed  limits, 
took  occafion  to  fpcak  of  this  aheiaiion  to  mr.  Bell  in  at 
Paris,  and  iriformed  him  that  100  copies  of  his  fivft  mapi^ 
were  difpertfd  in  London,  upon  which  he  difcovered  feme 
fuiprife  ;  bui  ii.llead  of  urging  any  thing  in  fuppjrt  of  the 
variation  in  his  new  draft,  faid,  ihiiling,  we  in  Franco 
ym  *\  follow  the  command  of  the  monarch."  I  mention  this 
to  Ihow,  that  mice  the  French  government  intei-pofes  in  the 
conftriiction  of  their  maps,  they  are  proper  evidence againft 
them.  Among  the  Englifh,  dr.  Mitchel's  is  the  only  authen- 
tic one  extent.  None  of  the  reft,  concerning  America,  have 
pafled  under  the  examination,  or  received  the  lanction  of 
any  public  board  ;  and,  for  this  reafon,  they  ought  not  to 
be  ccnltrued  10  our  prejudice.  Add,  that  they  generally  copjf 
iicui  the  French.   .  -  / 


OF    NEW  -  YORK. 


153 


itances.  The  ancient  country  of  the  Hurons  is  laid  down  on 
the  north  fide  of  lake  Erie,  by  which  we  are  afcertahied  oi* 
the  extent  of  territory,  to  which  the  live  nations  are  enti- 
tled by  their  tonqiielt  of  that  people.  Tlie  riglit  of  the 
confederates  to  the  fouth  fide  of  that  lake,  is  alio  efiablifli- 
cd  by  their  difperfion  of  the  Cat  Indians,  to  whom  it  origin- 
ally belonged.  The  land,  on  both  fides  of  the  lake  Ontario, 
is  admitted  to  be  theirs  by  this  geographer,  who  writes  oil 
the  north,  Les  Iroquois  du  iiord,"  and  on  th^  fouth  fide. 
Pays  des  Iroquois."  Hennepin,  la  Hontan,  and  Delifle, 
all  concur  with  Bellin,  in  exiending  tlue  right  of^he  five 
nations,  to  the  lands  on  the  north  lide  of  lake  Ontario.  The 
firft  of  thefe,  behdes  what  appears  from  his  map,  fjjeaking 
of  that  lake,  has  thefe  words,  "  There  are  likewile  on  the 
north  lide,  thefe  Iroquois  villages,  Tcjajabon,  Kente,  and 
Ganneoufle  every  one  of  which  is  laid  down  even  in 
Bellin's,  and  almoll:  all  the  maps  I  have  f'een  cf  that  country 
whether  French  or  Engliih.  \\niat  renders  Hennepin's  ac- 
count the  more  remarkable,  is,  that  thefe  villages  v/cre  there 
in  1679,  feven  years  after  the  ere»irioii  of  fort  Frontenac. 
From  wiience  it  may  fairly  be  argued,  that  their  not  oppo- 
fing  thole  works,  was  by  no  mea  is  a  celiioii  of  the  country 
to  the  French  ;  and  indeed  Charlevoix  himfelf  reprefcnts 
thaliKnatter  as  carried  on  by  a  fraud,  for,  fays  he,  under 
pretext  of  feeking  their  advantage,  the  governor  had  no- 
thing in  view,  gu.^  d<:  les  t^nir  en  br/de.''' 
"  To  thefe  atteilatioas,  which  are  the  more  to  be  depended 
upon,  becaule  they  a/e  given  by  the  French  writers,  whofe 
partiality  leads  them  toconliiic  tlie  five  nations  to  contraifted 
limits*,  we  may  iadd,  that  our  Indians  unive'  ially  concur  in 
the  claim  of  all  the  lands,  not  fold  to  the  tnf;lilli,  from  the 
month  of  Sorel  river,  on  the  fouth  fide  of  the  lakes  Erie 
and  Ontario,  011  both  fides  of  the  Ohio,  till  it  falls  into  the 
Millillippi ;  and  on  the  north  fide  of  thofe  lakes,  that  whole 
territory  between  the  Outawais  river  and  tire  lake  Huron, 


*  Mr.  Eellin  was  engineer  of  the  marine,  and  tells  us, 
that  Charlevcix  performed  his  travels  in  this  country,  by 
order  of  the  French  court  ;  that  he  was  a  man  of  attention 
and  ciiriofity,  and  had  a  determined  refolutioii  to  colled;  all 
poilible  intelligence,  which  he  defigned  to  make  public. 
To  give  the  greater  credit  to  the  jefuit's  hiitory  and  his  own 
map,  he  adds,  that  Charlevoix  was  never  without  the  in* 
ftrunients  proper  for  a  voyager,  part  out  la  hujj^ole  ^  la, 
raain,'* 


T  H  E  HISTORY 


^ud  even  beyond  the  ftreights  between  tliat  and  ]ake  Kr\e, 
This  laft  tract,  and  the  land  on  tlic  north  fide  of  the  lakes 
Eric  and  Ontario,  wtnc  conrained  in  their  furrcndcr  to 
king  William,  in  1701  ;  of  w  hich  I  took  notice  in  its  proper 
place  :  and  doubtlefs  to  that,  and  lord  Bclbmont's  contcft 
with  count  Frontcnac,  w  e'ujufl  afcribc  it,  that  the  five  nat^- 
pns  were  afterwards  fo  particularly  taken  notice  of  in  tUc 
treaty  of  Utrecht. 

The  Ih  ififh  title  to  fort  Fronrcnac,  and  the  lands  on  the 
north-well  fide  of  Cadaracqui  river,  has  of  late  been  drawn 
into  quelUon.1)y  fome,  who,  from  jealoufy,  qr  other  niotivcf 
equally  fliauiclul,  were  bent  upon  ILiidui^j;  fault  with  every 
jncaf ire  planned  hy  general  Shirley.  The  advocates  for  the 
Frcn(  h  claim,  relied  mr.di  on  a  late  nrap  of  the  middle 
Britifli  colonics,  and  two  pamphlets  publiflicd  by  Lewis 
Evans. 

The  French,"  fays  he,  being  in  pofitflion  of  fort 
Frontenac,  at  the  peace  of  Ryfw  ick,  \\hicii  tliey  attained 
during  their  war  wit:h  the  confederates,  gives  them  an  un- 
doubted tiile  to  the  acquifition  of  the  norih-wcft  fide  of  St. 
Lawrence  river,  fiom  thence  to  their  fettlenicnt  atlSIontreal." 
The  waiter  adds  ;  It  was  upon  the  faith  and  honour  of 
king  William  s  promife  (by  the  fourth  article  of  the  treaty 
of  Ryfwick)  of  not  dilhirbing  the  French  k'li^  in  t^  free 
poile(iion  of  the  kingdoms,  countries,  lands,  or  (lomimonshe 
then  enjoyed,  that  1  faid  the  French  liad  an  undoubLed  title 
to  their  acqulfuion  of  tlie  norih-well:  fide  of  3t.  Lawrence 
river,  from  Frontenac  to  Montreal." 

Whether  the  ti  er^ty  oiight  to  be  confidercd,  as  havhig 
anv  relation  to  this  matter,  is  a  queftion  w  hich  I  fhall  not 
take  upon  me  to  determine.  The  map-maker  fuppofes  it  to 
be  applicable,  and,  for  the  prelent,  I  grant  it.  The  XlJth 
article  of  this  treaty  is  in  thefe  words  :  The  inoltchriftian 
J<.ing  fhall  reftore  to  the  king  of  Great-Britain,  all  countries, 
jllands,  forts,  and  colonics,  whercfeoevr  fituated,  which  tlie 
Englifli  did  poflefs  before  the  declaration  of  the  prefent 
>var.  And  in  like  manner,  the  king  of  <jrcat-Britain  fhall 
reftore  to  the  molt  chrifUan  king,  all  countries,  iflands, 
forts,  and  colonies,  wherefoever  fituated,  wliich  the 
French  did  poilefs  before  the  faid  declaration  of  war.*'  If 
therefore  the  Britifh  fubjed:s  lyere  inpoflefiion  of  fort  Fron- 
tenac at  the  cominenceinent  of  the  war,  the  French,  who 
attained  it  during  its  continuance,  according  to  tliis  treaty, 
ought  to  have  furrendered  it  to  the  Britifli  cro\Tn. 

Wiiatever  the  French  title  to  fort  Frontenac  might  have 
been,  antecedent  to  the  year  1688,  in  which  the  ifland  of 


OF    N  E  W  -  Y  O  R  k. 


Montreal  was  invaded  by  tlie  five  nations,  it  is  certain,  that 
it  was  then  abandoned,  and  that  the  Indians  entered  it,  aiid 
demoliflied  a  great  pavt  of  the  works*.  But  the  author  of 
the  map  affirms,  that  the  Englifh  did  not  poflefs  fort  Fron- 
tenac  before  the  declaration  of  war  terminated  by  the  peace 
of  Ryfwick/'  To  which  I  reply,  that  the  Indians  acquii'eda 
title  in  i6S8,  either  by  conqueft,  or  dereliction,  or  both; 
and  that  the  crown  of  Great- Britain  had  a  right  to  take  ad- 
vantage of  their  acquifition,  in  virtue  of  its  fovereignty 
over  the  five  cantons.  That  they  were  our  dependents,  was 
ftrongly  and  often  infifted  upon  by  governor  Dongan  and 
lord  Bcllamont,  and  the  point  remamed  /?/^  till  the 

treaty  of  Utrecht. Then  a  decifion  vvas  folemnly  made  incur 
favour,  which  looks  back,  as  the  determination  of  all  dil- 
putes  do,  at  leall  as  far  as  the  firic  rife  of  the  conrroverfy ; 
pofterlor  to  which,  and  prior  to  king  William's  war,  his 
Indian  fubjevits  obtained  the  pofleffion  of  the  fort  in  qnefti- 
onf .  Whence  I  thmk  it  may  be  fairly  deduced,  if  we  take 
the  treaty  of  Ryfwick  for  our  rule,  that  fort  Frontenac, 
which  was  regained  by  the  French  during  their  war  with  ns, 
ought  to  have  been  fiirrendsred  to  the  Britifli crown.  Eveiy 
public  tranfaclion  between  the  French  and  the  five  nations, 
without  the  participation  of  the  government  of  Great-Bri- 
tain, fince  the  Indians  were  claimed  ao  our  dependents,  is 
perhaps  abfolutely  void,  and  particularly  the  treaty  of  peace 
made  between  the  Indiana  and  the  chevalier  de  Caliieres, 
after  tlie  death  of  count  Frontenac  J. 


*  he  fort  de  Catarocouy  etoit  evac-:e  ir  rut7:i.  Char  I. 

f  The  five  nations  entered  the  fort  in  i6S8,  and  the  war 
againil  France  was  not  proclaimed  till  May  t6?9. 

\  Evans's  map  and  firft  pamphlet,  or  analyfis,  were  pub- 
lifhed  in  the  fummer  1755,  and  that  part  in  favour  oFthe 
French  claim  to  Frontenac,  was  attacked  by  two  .papers  in 
the  New  York  Mercury,  in  Jan.  1756.  This  occafioiied  hi* 
publication  of  the  fecond  pamphlet  the  next  fpring,  in 
which  he  endeavours  to  fupport  his  map.  He  was  a  man  in 
low  circumilances,  in  his  temper  precipitate,  of  violent 
paflions,  great  vanity,  and  rude  manners.  He  p-etended  to 
the  knowledge  of  every  thing,  and  yet  had  very  little  learti- 
ing.  By  his  inquifitlve  turn,  he  filled  his  head  with  a  confi- 
derable  colled:ion  of  materials ;  and  a  perfon  of  more  judjv- 
ment  than  he  had,  might,  for  a  few  days,  receive  advan- 
tages from  his  converfation.  He  piqued  himfelf  much  upon 
his  two  maps,  which  are  however  juHly  chargeable  with 


THE  HISTORY 


Tlic  poWjfCwn  of  any  part  of  the  country  of  the  five  natU 
ens  by  cue  FrciK  :i,  eidier  before  or  fmce  the  clofc  of  quccii 
Agile's  war,  c.mnot  prejudice  the  Britifli  title,  becaule  the 
treatyof  Aix  la  Lhupellc  re.ic  .vs  and  coiifinns  that  execut- 
ed at  Utrecht  in  iji^,  a-ul  exprefsly  iHpulaics  tliat  the 
domiiiions  of  the  contractin;;  parties  fhall  be  in  the  fame 
condiiion,  which  they  o  J2;ht  of  right  to  have  been  in  Inr- 
foretlie  late  war."  Coinmifiiiries  were  foon  after  appoijued 
toadjalt  tlic  controverted  limits,  who  accordingly  met  at 
Paris,  and  continued  tiie  negociation,  till  the  French  king 
perfivUoully  leizcd  upoD  fevcral  parts  of  Nova-Sc6tia,  or  A- 
cadia,  the  fc:tlenic:it  of  the  bounds  of  which,  was  part  of 
the  vc:  y  bulinefs  of  the  coinmillarics.  This  gave  rife  to  tlie 
prefent  operations,  and  the  longeft  fword  will  determine  the 
controverfy. 

Brigadier  Hunter  -n as  difappointed  In  his  cxpetflations 
upon  tlie  late  dillolution  ;  for  though  the  elections  \\  ere 
very  hot,  and  feveral  new  members  came  in,  yet  the  majori- 
ty were  in  the  interell  of  the  late  aficmbly,  and  on  the  27th 
of  May.  171;,  chofc  mr.  Nicoll  into  the  cliair.  The  gover. 
nor  fpoke  to  them  with  great  ulainnefs,  informing  them, 
tliat  it  would  be  in  vain  to  endeavour  to  lodge  the  money 
allotted  for  the  fupport  of  government,  in  ajiy  other  than 
the  hands  of  the  queen's  officers.     Neverthekfs,"  fays  he, 

if  you  are  fo  refolved,  you  may  ^ut  the  country  to  the 
expcnfc  of  a  treafurer,  f(»r  tlie  caft^y  of  money  raifed  for 
exiraordinary  ufcs."  He  added,  that  he  was  refolved  to  pafe 
no  law,  till  provifion  was  made  for  the  government.  Tlie 
members  were  therefore  reduced  to  the  dilemma  of  palling 
a  bill  t"or  rhat  purpofc,  or  breaking  up  iuimeciiately.  Tliey 
cliofe  the  former,  an<l  the  governor  gave  his  afient  to  that,  • 
and  an  excifebiU  on  Itrong  liquors,  which  continues  to  this 
day,  producing  into  the  treafury  about  one  thoufaiid 
pounds  per  annum.   After  a  Ihort  recefs,  feveral  other  laws 


many  errors.  His  ignorance  of  language  is  evident,  both  in 
them  and  the  two  pamphlets  of  his  analyfis,  the  lafl  of  which 
is  fhiffed  with  groundlefs  afperfions  on  general  Shirley, 
who  deferves  fo  well  from  thcfe  colonies,  that  on  that  ac- 
count, and  to  weaken  the  authority  of  a  map  prejudicial 
to  his  majefty's  rights,  I  beg  the  reader's  excule  for  this  in- 
fra(ftion  of  the  olcl  rule,  ?jiortuis  7iil  yiifi  boninn.  He  died 
at  New- York,  June  12,  1756,  under  an  arrell  for  a  gro^s 
flander,  iitteretl  againll  rar.  Morris,  the  governor  of  Pcnn* 
fylvania. 


OF    NEW -  YORK. 


X57 


were  ena«fi:ed  in  the  fall.  But  the  debts  of  the  govemmene 
itill  remained  unnoticed,  till  the  fummer  of  the  year  171 4. 
A  long  feflion  was  then  almoll:  entirely  devoted  to  that 
fingle  affair.  Incredible  were  the  nunibei  s  of  the  public 
creditors.  New  demands  were  eveiy  day  made.  Petitions 
came  in  from  ali  quarters,  and  even  for  debts  contracted 
before  the  revolution.  Theiramount  was  near  twenty  eight 
thoufand  pounds.  To  pay  tliis  prodigious  fum,  vecoarfe 
was  had  to  the  circulation  of  bills  of  credit  to  that  value. 
Thefe  were  lodged  in  the  hands  of  the  province  treafurer, 
and  ifllied  by  him  only,  according  to  the  dirediions  of  the 
a(ft. 

The  news  of  the  queen's  death  arriving  in  the  enfuing 
fall,  a  diflblution  enfued  of  courfe ;  and  a  new  houfe  mec 
in  May,  1715,  which  continued  only  to  the  2  ill  of  July. 
For  the  governor  being  now  determmed  to  fubdue  thofe, 
>vliom  he  could  notallui-e,  again  diilblved  the  ailenibly.  He 
fucceeded  in  liis  defign,  for  ttiough  mr.  Nicoll  was  re-elect- 
ed into  rhe  chair  on  the  9th  of  June,  i  716,  yet  we  plainly 
perceive,  by  tiie  harmony  mtroduced  between  the  leveral 
bi-anches  of  the  legiflatuie,  tliat  the  majority  of  the  houle 
"were  nosv  in  the  intereft  of  the  governor. 

An  iiiconteftible  evidence  of  their  good  underltanding, 
appeared  at  the  feifiou  in  autumn,  i  717,  when  the  governor 
informed  them  of  a  m^orial,  w|iich  had  been  fent  home, 
reflecting  upon  his  adniiniftration.  The  houfe  immediately 
voted  an  addrcfs  to  him,  wliich  was  conceived  in  terms 
of  the  utmoft  refjiecl,  teftifying  tlicir  abhorrence  of  the 
inemorial,  as  a  falfe  and  malicious  libel.  It  was  fuppoled  to 
be  written  by  Mulford,  a  reprefentative  for  Suffolk  county, 
who  always  oppofed  the  meafures  that  w^ere  taken  to  pre- 
ferve  the  friendfliip  of  the  five  nations,  and  foolifhly  pro- 
jected a  fcheme  to  cut  them  oft*.  It  v*  as  printed  in  Enghwid, 
and  delivered  to  the  members  at  the  door  of  the  houfe  oi 
commons,  but  never  had  the  author's  intended  effect. 

It  was  at  this  meeting,  the  council,  on  the  ;ifl  of  Ocflo- 
ber,  fent  a  meilage  by  mr.  Alexander,  then  deputy  fecreta- 
ry,  to  the  houfe,  dcfiring  them  "  to  appoint  proper  per- 
fons,  for  numing  the  uivifion  line  between  this  colony  and 
the  ]>rovince  of  New-Jerfey,  his  excellency  being  allured 
the  legiflature  of  the  province  of  New-Jerfey  will  bear  half 
the  expenfe  thereof."  The  allembly  had  a  bill  before  them, 
at  that  time,  which  afterwards  pafted  into  a  law,  for  the 
■payment  of  the  remaining  debts  of  the  government,  amount- 
ing to  many  thoufand  poiuids  ;  in  wliich,  afier  a  recital  ©f 


155 


THE  HISTORY 


the  general  reafons,  for  afcertaining  the  limits  between 
New- York  and  Ncw-Jerfey  on  the  one  fule,  and  Conneilti- 
cut  on  the  other,  a  claiifc  was  added,  to  defray  the  expenfe 
of  thofe  fervices.  Seven  hundred  and  tifty  ounces  of  plate 
were  enav5ted  "  robe  irtbed  by  warrant,  under  the  hand  and 
(eal  of  the  governor  of  this  province  for  the  time  being,  by 
and  with  the  advice  and  confent  of  liis  majefty's  council,  ill 
fuch  parts  and  portions  as  (hall  be  reqnifuc  for  that  fervicc, 
when  the  furvey,  afcertaining,  and  running  the  faid  line, 
limit,  and  boundary,  fli:dl  be  begun,  and  carried  on,  by  the 
mutual  confent  and  agreement  oi'  his  excellency  and  coun- 
cil of  this  province,  and  the  proprietors  of  theibilofthe 
faid  province  of  New- J crfe^."  According  to  this  law,  the 
line  "  agi  eed  on  by  the  lurveyors  and  connniffioners  of 
each  colony  was  to  be  conclulive."  Another  fum  was  alfo 
provided  by  the  fame  claufe,  for  running  the  line  between 
New-York  and  C  onne(^ticut ;  and  in  tlic  year,  1719,  an  a(tt 
>vns  palic.l  for  tlie  I'e;  Icment  of  that  limit,  of  which  I 
fhall  have  occafion  to  take  notice  in  a  fucceeding  admiiiir- 
tration. 

Whether  it  was  becaufe  mr.  Nicoll  was  difgufted  with 
the  governor's  p  evailing  interelt  in  the  lioufc,  or  to  his 
infirm  ftarc  of  health,  that  he  defired,  by  a  ^etter  to  the 
general  aflembly,  on  the  i8th  of  May,  1718,  to  be  difcharg- 
ed  from  the  fpeaker's  place,  is  unceitain.  His  requeft  was 
readily  g'-anted,  and  Robert  Livingfton,  efq.  chol'en  in  his 
/lead,  file  concord  between  the  governor  and  this  uflcmbly, 
was  now  T/ound  up  to  its  hi^heft  pitch,  Inftend  of  other  evi- 
dences of  it,  I  (hall  lay  before  the  reader  his  laft  fpeech  to 
the  houfe  on  the  24th  of  June  1719,  and  their  add  re  fs  in 
anfwer  to  it. 

Gentlemen, 

T  have  now  lent  for  you,  that  yon  may  be  wItnelTes  to 
my  aflent  to  the  a(fts  pafled  by  the  general  aflembly  in  this 
feffion.  I  hope  that  what  remains  unfmiflied,  may  be  per- 
fe6:ed  by  to-morrow,  when  I  intend  to  put  a  clofe  to  this 
feifion. 

I  take  this  opportunity  alfo  to  acquaint  you,  that  my 
late  uncertain  ftare  of  health,  the  care  of  my  little  family, 
and  my  pi  ivate  aifairs,  on  the  other  fide,  have  at  I  all  de- 
termined me,  to  make  ufe  of  that  licenle  of  abfence,  which 
has  been  fome  time  ago  fo  graciouliy  granted  me  ;  but  with 
a  fi'-m  refolution  to  return  to  you  again,  ifit  is  his  majefty's 
pleafure  that  I  fhoald  do  fo  :  but  if  that  proves  otherwife, 
I  ailoi-e  you  that  whilft  I  live,  I  fhall  be  wsitchful  and  iiiduf- 


OF  NEW-YORK. 


trions  to  promote  the  intereft  and  welfare  of  this  conntry, 
of  which  1  think  I  am  under  the  ftrongefl  obligations^  for 
the  future,  to  account  myfelf  a  countryman. 

<^  I  look  with  pleafure  on  the  prefent  quiet  and  fiouiifli- 
in^  ftate  of  the  people  here,  whilft  I  reflect  on  that  in  which 
I  found  them  at  my  arrival.  As  the  very  name  of  party  or 
f'a(ftion  feems  to  be  forgotten,  may  it  for  ever  lie  buried  in 
oblivion,  and  no  ftrife  ever  happen  among  you,  but  that 
laudable  emulation,  who  fhall  approve  himlelf  the  moft  zea- 
lous fervant  and  moft  dutiful  fubjetft  of  the  beft  of  princes, 
and  moft  ufeful  member  of  a  well  eftablifhed  and  flourifliing 
community,  of  which  you,  gentlemen,  have  given  a  hap- 
py example,  which  1  hope  will  be  followed  by  future  aflem- 
blies.  I  mention  it  to  yoin- honour,  and  without  mgratitudc 
and  breach  of  duty  1  could  do  no  lefs." 

Colonel  Morris  and  the  new  fpeaker  were  the  authors 
of  the  anfwer  to  this  fpeech,  though  it  was  figued  by  all 
the  members.  Whether  mr.  Hunter  defei"ved  the  eulogium. 
they  beftowed  upon  him,  I  leave  the  i  eader  to  de  ennine. 
It  is  certain  that  few  plantation  governors  have  the  honour 
to  carry  home  with  them  fuch  a  teftimonial  as  this  : 

Sir,  when  we  reflecft  upon  your  paft  condud:,  your  juft, 
mild,  and  tender  adminiftration,  it  heightens  the  cor.cem 
v.e  have  for  your  departure,  and  makes  our  grief  fuch  as 
words  cannot  tiiily  exprefs.  You  have  governed  well  and 
wifely,  like  a  prudent  magiftrate,  like  an  affectionate  parent ; 
and  wherever  you  go,  and  whatever  ftation  the  divine  p.o- 
vidence  fhall  pleafe  to  aillgn  you,  our  fincere  defiies  and 
prayers  for  the  happinefs  of  you  and  youis,  fliall  always  at- 
tend you. 

''We  have  feen  many  governors,  and  may  fee  more  ;  and 
as  none  of  thofe,  who  had  the  honour  to  ferve  in  your  fta» 
tion,  were  ever  fo  juftly  fixed  in  the  affections  of  the  go - 
Yerned,  fo  thofe  to  come  will  acquire  no  mean  reputation, 
when  it  can  be  faid  of  them,  their  conducft  has  been  like 
.  yours. 

<^  We  thankfully  accept  the  honour  you  do  us,  in  calling 
yourfelf  our  countryman  :  give  us  leave  then  to  defire,  that 
you  will  not  forget  this  as  your  country,  and,  if  you  can, 
make  hafte  to  return  to  it. 

But  if  the  fervice  of  our  fovereign  will  not  admit  of 
what  we  fo  eameftly  defire,  and  his  commands  deny  us  that 
laappinefs  ;  permit  us  to  addrcls  you  as  our  friend^  and  give 


|6p  THEHISTORY 

us  your  aHHlancc,  Nvhen  \vc  arc  oppreflcd  with  an  admiiiif- 
tration  the  reverie  of  yours." 

Colonel  Hiuiter  tlcpartiu^r  ihc  provhice,  the  chief  com- 
mand devolved,  the  5ilt  of  July,  1719,  on  Peter  Schu^'lcr, 
cfq.  then  thecldelt  uieinher  of  the  board  of  council.  As  lie 
had  no  interview  with  the  aUcnibly  during  his  Ihort  ad-  > 
miiiiftraiion,  in  which  he  beliaved  with  great  moderation 
and  integrity  ;  there  is  very  little  oblcrvablc  in  his  time, 
except  a  treaty,  at  Albany,  with  the  Indians,  for  confinning 
the  antleut  league  ;  and  the  tranfic^tious  refpcct'ng  the  par- 
tition line  bL'iAvcen  this  anil  the  colony  of  New-Jerfey  : 
concerning  the  laiter  of  which,  I  fliall  now  lay  belbrc  the 
reader  a  very  fummary  account. 

The  two  provinces  were  orifrinally  included  in  the  grant  of 
"king  Charles  to  the  duke  of  York.  New-  jcrfcy  was  after- 
wards conveyed  by  the  duke  to  lord  Berkley  and  lir  Gcqrgc 
Carteret.  This  again,  by  a  deed  of  partition, m  as  divided  into 
Ealt  and  Weft  Jerfey, the  former  being  rclcafcd  to  fir  George 
Carteret,  and  the  latter  to  the  afligns  of  lord  Berkley.  The 
line  ofdivifion  extended  from  little  Kgg  harbour  to  the 
north  partition  point  on  Delaware  river  ;  and  thus  both 
tliofe  tracts  became  concerned  in  the  liniiis  of  the  province 
of  New-York.  The  origiival  rights  ol  lord  Berkley  and  fir 
George  Carteret,  are  velted  in  two  different  fets,  confifting 
each  of  a  gi'eat  number  of  pcrfons,  known  by  the  general 
name  of  the  proprietors  of  PLaft  and  Weft  Jerfey,  who, 
thouMi  they  furrcndrrcd  the  pov.crs  of  governnicnt  to 
queenAnne,in  the  year  1702,  ftill  retained  their  property  in 
the?  foil.  Thefe  were  the  perfons  interefted  againft  tiie  claim 
ol  New-York.  It  is  agreed  on  all  fules,  that  the  deed  to  New- 
Jerfey  is  to  be  firft  fatisHed,  out  of  that  gre  ^t  tracl:  granted  to 
the  duke,  and  that  the  remainder  is  the  right  of  New-York. 
The  proprietors  inuft  upon  extending  their  northern  limits 
to  aline  drawn  from  the  latitude  of  41  ^  ^o'  onDelaware,  to 
the  latitude  of  41  o  ,  on  Hudfon's  river  ;  a:id  allege,  that 
before  the  year  1 671,  the  latitude  of  41  ,  was  reputed  to  be 
fourteen  miles  to  the  northward  of  Tappcin  creek,  part  of 
thole  lands  being  fettled  under  New- Jerfey  till  1684.  They 
farther  contend,  that  in  1684  or  16S5,  Dongan  and  Lawrie, 
(the  fonner,  governor  of  New-Y'ork,  and  the  latter,  of 
f^ew-Terfey),  wiih  their  refpecfdve  councils,  agreed,  that 
the  latitude  on  Hudfon's  river  was  at  the  mouth  of  Ta]>pan 
creek,  and  that  a  line  from  thence  to  the  latitude  of  41  ^  40' 
pn  Delaware  fliould  be  the  botuidary  line.  Ini6S6^  Robin- 


O  F   N  E  W-Y  O  R  K. 


(on,  Wells,  and  Keith,*  furveyors  of  the  three  feveral  pro- 
vinces, took  two  obfervations,  and  found  the  latitude  of 
41  ^  to  be  i'  and  25"  to  the  northward  of  the  Yonker's  mills, 
which  is  four  miles  and  forty  fiv  e  chai]:S  to  the  fouihward 
©f  the  mouth  of  Tappaii  creek.  Rut  agaii:ft  thefe  oblerva^ 
tioMS  the  proprietors  offer  fuiidry  objecrions,  ^^hich  it  is  not 
my  bufiiiefs  to  enumerate.  It  is  nor  pi  erended  by  any  of  the 
litigants,  that  aline,  according  to  the  ilaiit.ns  Tctiled  by 
Dongan  and  Lawrie,  was  actually  run  ;  fo  that  the  limits 
ofthefe  contending  provinces,  mr.ftlcr.g  have  exiflcd  in  thp 
uncertain  conjectuies  of  the  inhabitants  of  both  ;  and  yet 
the  ijiconvenitrnces  of  this  unfcttlcd  ftate,  through  the  in- 
fancy of  the  country,  were  very  inconfiderable.  In  the 
year  1701,  an  act  palied  in  New- York,  relating  to  elecftions, 
which  annexed  Wagachemeck,  and  great  and  little  Mini- 
link,  certain  fettlements  near  Delaware,  to  L  hler  county. 
The  intent  of  this  law  was  to  quiet  difputes  before  fubdit- 
ing  between  the  inhabitants  of  thofe  places,  wiiofe  votes 
were  required  both  in  Orange  and  L  ifter.  The  natuialcoii- 
clufion  from  hence  is,  that  the  legiflature  of  New-York 
then  dcemied  thofe  plantations  not  included  within  the  New- 
Jerfey  grant. 

Such  was  the  flate  of  this  affair  till  the  year  171 7,  when 
provifion  was  made  by  this  pi  ovince  for  running:  the  line. 
The  fame  being  done  in  New-Jerfey  the  fuccceding  year, 
commilhons  for  tliatpai-pofe,  under  the  gi-eatleals  of  the  re- 
fpet^tive  colonies,  were  ifTued  in  May,  1719.  The  commif- 
iioners,  by  indentine  dated  the  25th  of  July,  fixed  the  north 
ftation  point  on  the  northermoft  branch  of  DcliiiWare,  call- 
ed the  Filh-Kill ;  and  from  thence  a  random  line  svas  run  io 
Hudi'bn's  river,  terminating  about  five  miles  to  the  north- 
ward of  tlie  mouth  of  Tappan  creek.  In  Auguft,  the  fur- 
veyors of  Eaft-Jcrfey  met  for  fixing  the  ftation  on  Hudfon's 
river.  Al!  the  commiflioners  not  attending  through  fick- 
nefs,  nothing  further  was  done.  What  had  already  been 
tranfatfted,  however,  gave  a  general  alarm  to  many  perfons 
interefted  in  feveral  patents  under  New  York,  who  before 
imagined  their  rights  extended  to  the  fouthward  of  the 
random  line.  The  New-York  fiirveyor  afterwards  declined 
proceeding  in  the  %vork,  complaining  of  faults  in  the  inilru- 
ment,  which  had  betn  ufed  in  fixing  the  north  ftation  on 
Delawai-e.  The  proprietors,  on  the  other  hand,  thmk  they 


*  The  lame  who  left  the  qnakers,  and  took  orders  in 
the  church  of  England.  Burnet's  liift.  of  his  own  times. 


THE  HISTORY 


have  anfwerecl  his  objc(ftions,  ami  the  matter  rcftcd,  with- 
out much  conteiiiion,  till  the  year  1740.  Freijucnt  quarrels 
multiplying  after  that  period,  1  elating  to  tlie  rights  of  foil 
and  juriluiction  fouiinvard  of  tlie  line  in  1719,  a  proba- 
tionary act  ^vas  palled  in  New-Jerfey,  in  February,  1748, 
for  nmnijigthe  line  ex  parte,  if  the  province  of  N*e\\'-"V  ork 
rcfafed  to  j(jin  in  the  work.  Our  aflcmbly,  foon  after,  di- 
rectcvl  their  agent,  to  oppofc  the  king's  confirmation  of  tliat 
act ;  and  it  was  accordin^^ly  dropped,  agreeably  10  ihc  advice 
of  Liic  lords  of  trade,  whofc  report  of  the  rSth  of  July, 
I75^>  on  a  matter  of  fo  much  importance,  ^viil  doubtlefs  be 
acceptable  to  the  reader. 

"  To  the  King's  mofl:  excellent  majefty  : 
"  May  it  plcafe  your  majefty, 

**  W/^  have  lately  had  under  our  confideration,  an  atfl 
\  V  p.!<lcd  in  your  majcfty's  province  of  Ne>v-Jerrey  in 
1747-8,  entitled,  <  An  Zi^\  for  running  and  afcertanung  the 
line  of  partition  anddivifion  betwixt  this  piovince  of  New- 
Jcrfey,  and  tlie  province  of  New-York.' 

And  having  been  attended  by  mr.  Pai  is,  folicitor  in  be- 
half of  the  proprietors  of  the  eademdiviiion  of  Ncw-  jcrfey 
— with  mr.  Hume  Campbell,  and  mr.  Henley,  his  counfel, 
in  fupport  of  the  fd'id  a(*l — and  by  mr.  Charles,  agent  for 
the  province  of  New-York,  with  mr.  Forrcller,  and  mr. 
Pratt,  his  counfel,  againft  the  faid  ac't ;  and  heard  what  each 
parry  had  to  offer  thcreupou  ;  we  beg  leave  humbly  to  re- 
prcfent  to  your  majefty,  that  the  confideraiions  which  arife 
lipon  this  ac^,  are  of  two  forts,  viz.  fuch  as  relate  to  the 
principles  upon  which  it  is  founded,  and  fuch  as  relate  to 
{he  tranfactions  and  circumftances  w  hich  accompany  it. 

As  to  the  firft,  it  is  an  acl  of  the  province  of  New- Jer- 
fey,  interefted  in  the  determination  cf  the  limits,  and  in 
the  confequential  advantages  to  arife  from  it. 

"  The  province  of  New-Jerfey,  in  its  diftincl  and  fepa- 
rate  capacity,  can  neither  make  nor  eftablifti  boundaries  :  it 
can  as  litrle  prefcnbe  regulations  for  deciding  differences 
hetween  iifelf  and  otlier  parties  concerned  in  intereft. 

The  eftablifhed  limits  of  its  jurifdic'tion  and  territory, 
m*e  fuch  as  the  grants  under  which  it  claims  have  afligned. 
Jf  thcfe  grants  are  doubtful,  and  differences  arife  upon  the 
conftrucftions,  or  upon  the  matters  of  them,  we  humbly  ap- 
prehend that  there  are  but  two  methods  of  deciding  them ; 
either  by  the  concutTcnce  of  all  parties  concerned  in  in* 
teveil,  gr  by  the  regular  and  legal  forms  of  judicial  pro- 


O  F   N  E  W-Y  0  R  K. 


eeedings :  and  it  appears  to  us,  that  the  metliod  of  ptx>- 
ceeding  muft  be  deiived  from  the  immediate  authority  of 
the  crown  itfelf,  lignified  by  a  comniiflion  from  your  ma- 
jcdy  under  the  g^  eac  feal  :  the  commiHion  of  fubordinate 
officers  and  of  derivative  poAvers  bemg  neither  competent 
nor  adequate  to  fuch  purpofes  :  to  judge  otherwife  would 
be,  as  we  humbly  conceive,  to  fet  up  fx  /-^jr/t.'  determinations 
and  incompetent  jurifdicitions  in  the  place  of  jullice  and 
legal  authority. 

If  the  acl  of  New-Jerfey  cannot  conclude  other  parties, 
it  cannot  be  eifedtual  to  the  ends  propofed  ;  and  that  it 
would  not  be  effeClual  to  form  an  ablolute  decifion  in  this 
cafe,  the  legillaturc  of  that  province  feems  fenfible,  whiHl 
it  endeavouis  to  leave  to  your  majefty's  determination,  the 
decifion  of  ojie  point  relative  to  this  matter,  aiid  of  con- 
liderable  importance  to  it  ;  which  power  your  majefty  can- 
not derive  from  them,  without  their  having  the  power  to 
eftablifh  the  thing  itfelf,  without  the  afliflance  of  your  ma- 

i^^y-  ... 

As  we  are  of  opinion,  that  the  prelent  atfl,  without  the 
concurrence  of  otherparties  concerned  in  interelt,  is  un- 
warrantable and  inel?ccl:aal ;  we  fhall,  in  the  next  place, 
confider  what  tranlac^tions  and  proceedings  have  palTcd,  to- 
wards obtaining  fuch  concurrence. 

The  parties  interefted  are  your  majefty  and  the  two 
provinces  ofNew-Ycr  k  and  New^-Jerfey.  yourmajeily  is 
interefted  with  refpecc  toyourfovereignty,  feigncurie,  and 
property  ;  and  the  faid  provinces  with  refpect  to  their  go- 
vernment and  j  ari  fdiclrion. 

With  regard  to  the  trunfadtions  on  the  part  of  New- 
York,  we  beg  leave  iO  obferve,  that  whatever  agreements 
have  been  made  fo'  merly  between  the  two  provinces  for 
fettling  their  boundaries  ;  whatever  at^rs  of  aflembly  have 
pafled,  and  whatever  commiflions  have  been  iflued  by  the 
refpedlive  governors  and  governments  ;  the  proceeding's 
Under  them  have  never  been  perfected,  the  work  remains 
unfuiiflied,  and  the  dil'purcs  between  the  two  provinces  fub-* 
lilt  with  as  much  contradic^tion  as  ever,  but  tiiere  is  a  cir- 
cnmftance  that  appears  to  us  to  have  ftill  more  weight, 
namely,  that  thofe  tranfa^tions  were"  never  properly  wra-- 
ranted  on  the  part  of  the  crown  :  the  crown  never  partici- 
pated in  them,  and  therefore  cannot  be  bound  with  refpeet 
to  its  interefts  by  proceedings  fo  authorized. 

The  intcjreft,  which  you"  majefty  has  in  the  determi- 
nation of  this  boundary,  may  be  coufidered  in  three  lights  i 
either  as  iiiterefts  of  foverei^nty,  refpec^in;^  niere  govern- 


)G4  T  il  ^    H  I  S  T  O  R  Y  i 

meat ;  of  fciirncuric,  which  refpedt  efcheats,  and  quit-rents  ;  J 
or  of  property,  as  relative  to  tlic  foil  itlelf ;  which  lalt  iii- 
terclt,  takes  place  in  fuch  cafes,  wlicrc  either  your  majclly 
has  never  nrade  any  grants  of  the  foil,  or  where  fuch  gi  anis 
have  by  efclieats  reverted  to  your  niajtlly. 

Witli  rc;!;ard  to  the  firli  of  thcle  interefls,  viz.  tint  of 
fovereii;nry,  it  has  been  alleircd  to  us,  in  fupport  of  the 
&dt,  that  it  is  not  materially  aifccted  by  the  queRion,  as  both 
provinces  are  under  your  niajcity's  iinincdiatc  direction  and 
government:  but  they  Hand  in  a  very  different  lii;ht  with  re- 
fpect  to  your  majclly's  intcrcll  in  tlic  quit-rents  and  ef- 
cheats  ;  in  both  which  articles  the  fituation  of  the  two  pro- 
vinces appjars  to  us  to  make  a  very  nratcrial  alteration  :  for 
aklioui];h  the  province  of  New- [erlc'v  is  not  under  regula- 
tions of  propriety  or  charter  witli  refpect  to  its  government, 
yet  it  is  a  proprietary  province,  with  refpeOt  to  the  gi  ant 
and  tenure  of  its  territoiy  :  and  confeqnently  as  New- Y  ork 
is  not  in  tirat  predicament,  the  determination  of  the  bounda- 
ry, in  prejudice  to  that  province,  will  affect  your  majelbj''* 
intcrcll  with  rcfpec't  to  the  tenure  of  fnch  lands  as  are  con- 
cerned  in  this  quelHon  :  it  being  evident,  that  whatever 
diltriots  are  fnppofcd  to  be  included  in  the  limits  of  New- 
Jcricy,  will  immeiliately  pafs  to  the  proprietors  of  that  pro- 
vince, and  be  held  of  them,  by  which  means  your  mnjclty 
Would  be  deprived  of  your  efcheats^and  the  quit-rents  would 
pafs  into  other  hands. 

To  obviate  this  objection,  it  has  been  alleged,  that  the 
crown  has  already  made  abfblute  grants  of  the  whole  terri- 
tory that  can  pofnhly  come  in  queltion  under  the  denomi- 
nation of  this  boundary,  and  relerved  only  triMing  and  in- 
tonfiderable  quit-rents  on  thofe  grants.  But  this  argument 
does  not  fecm  to  us  to  be  conclnfive,  fince  it  admits  an  inter- 
eft  in  your  majeriv,  the  greatricfs  or  fmallnefs  of  which  is 
merely  accidental  ;  and  therefore  does  not  altect  the  ellence 
of  the  queftion:  and  we  bec^  leave  to  obferve,  that  in  the 
cafcof  cxorhiiantgrants  wich  inconfidcrable  quit-rents — and 
w  here  confcqucntly  it  may  rcafonably  be  fuppofed,  that  the 
crown  has  been  deceived  in  fuch  grants  by  its  officers  ; 
your  majeity's  contingent  right  of  property,  in  virtue  of 
yoia-  feigueuiie,  feems  rather  to  be  enlarged  than  dimi- 
niilieJ. 

"  This  being  the  cafe,  it  appears  to  us,  that  governor 
Htinter  ought  not  to  have  iflued  his  commiffion  for  running 
the  line  above  mentioned,  vvithout  having  pre  vionfU-  re- 
ceived the  royal  direction  and  inftniction  for  that  puipofe; 
and  that  a  comiiiillion,  illUed  without  fuch  authoxity,  cJtt* 


d  F   N  E  W-Y  O  K  16 


be  confidered,  with  refpedt  to  the  interefts  of  tlie  crown,  in 
no  other  light  than  as  a  mere  nullity  :  and  even  with  refpedt 
to  New-York,  weobferve,  that  the  faid  commillion  is  quef- 
tionable,  as  it  does  not  follow  the  direvflions  of  the  above- 
mentioned  acl,  pafled  in  171 7,  which  declares,  that  the 
commiffion  to  be  ifllied,  fhall  be  granted  under  the  joint 
authority  of  the  governor  and  council  of  that  province. 

But  it  has  been  further  urged,  that  the  crown  has  fincc 
confirmed  thefe  tranlacfllons,  either  by  previous  declarati- 
ons or  by  fubfeqiient  acquiefcence,  and  confequently  parti- 
cipated in  them,  fo  far  as  to  concl.ide  itfelf  :  we  fhall  there- 
fore, in  the  next  place,  beg  leave  to  conlider  the  circum- 
ftances  urged  for  this  purpofe. 

It  has  been  alleged,  that  the  crown,  by  giving  confent 
to  the  aforefaid  acl,  pafled  in  New- York  in  171 7,  for  pay- 
ing and  difcharging  feveral  debts  due  from  that  colony,  &c. 
concluded  and  bound  itfelf,  with  refpcd:  to  the  fubfequent 
proceedings  had  under  the  commiflion  iflued  by  governor 
Hunter  :  bat  the  view  and  purport  of  that  aA  appears  to 
us  fo  entire,  and  fo  diftinrtly  formed  for  the  purpofe  of 
raifmg  money  and  eftabliflilngfands — fo  various  and  fo  dif- 
tin(5l  from  any  confiderarion  of  the  difputes  fubfilling  in 
the  two  provinces,  with  refpe A  to  the  boundaries — that  we 
cannot  conceive  a  iingle  claufe,  in  fo  long  and  fo  intricate 
an  atft,  can  be  a  fufficient  foundation  to  warrant  the  pro- 
ceedings of  governor  Hunter  fubfequent  to  it,  without  a 
Ipecial  authority  from  the  crown  for  that  pui-pofe  :  and 
there  is  the  more  reafon  to  be  of  this  opinion,  as  the  crown, 
by  giving  its  afllnt  to  that  aiil,  can  be  conftrued  to  have  af- 
fented  only  to  the  levying  money  for  a  future  purpoft ; 
which  purpofe  could  not  be  effed:ed  by  any  commiffion,  but 
from  itfelf ;  and  therefore  can  never  be  fuppofed  to  have, 
thereby,  approved  a  commiffion  from  another  authority, 
which  was  at  that  time  already  ifliied,  and  carrying  in  exe- 
cution, previous  to  fuch  affent. 

We  further  beg  leave  humbly  to  reprefent  to  your 
majeflry,  that  the  line  of  partition  and  divlfion  between 
your  majelty's  province  of  New-York  and  colony  of  Connec- 
ticut, having  been  run  and  afcertained,  purfuantto  the  di- 
recHons  of  an  ad:,  pafled  at  New-York,  for  that  purpofe, 
in  the  year  1 719,  and  confirmed  by  his  late  majefty  in  1 723  ; 
'  the  tranfatilions  between  the  laid  province  and  colony,  upon 
;  that  occafion,  have  been  alleged  to  be  fimilar  to,  and  urg- 
ed as,  a  precedent,  and  even  as  an  approbation,  of  the  mat- 
ter now  in  quellion  :  but  we  are  humbly  of  opinion,  that 
i  the  two  cafes  are  materially  and  efl^entially  different.  The 


t66 


THE   HISTORY,  &c^. 


act  paflcd  in  New-York,  in  1 719,  for  running  and  afcertain- 
ing  the  lines  of  partition  and  divifion  between  that  colony 
and  the  colony  of  Connecticut,  recites,  that  in  the  year 
1683,  the  jTovernoi-  and  council  of  New-York,  and  the  go- 
vernor and  commiirioners  of  Connecticut,  did,  in  council, 
conclude  an  agreement  concerning  the  boundaries  of  the 
two  provinces  ;  that,  in  confequeuce  of  this  agreement, 
conimiflioners  and  furveyors  were  appointed  on  the  part  of 
each  government,  wiio  did  actually  agree,  determbie,  auJ 
afceriain,  the  lines  of  partition  ;  marked  out  a  certain  part 
of  them,  and  lixed  the  point  from  whence  the  remaining 
part  ihould  be  run:  that  the  Icveral  things  agreed  on  and 
done  by  the  faid  coimniflioners,  were  ratified  by  the  re* 
fpcvftive  governors — entered  on  record  in  each  colony,  in 
March  1700 — approved  and  confirmed  by  order  of  king 
William,  the  third,  in  his  privy  council — and  by  his  (aid 
majelly's  letter  to  his  governor  of  Xew-York.  From  this 
recital  it  appears  to  us,  that  thofe  tranfactions  were  not  on- 
ly carried  on  with  the  particijTation,  but  confirmed  by  the 
cxpref}  act  and  authority  of  the  crown ;  and  that  confirmar 
tion  made  the  foundation  of  the  act,  palled  by  New#York, 
for  fettling  the  boundaries  between  the  two  provinces  ;  of 
all  which  authority  and  foundation,  the  aCt,  we  now  lay 
before  your  majclty,  appears  to  us  to  be  entirely  dellitutff. 

Upon  the  whole,  as  it  appears  to  us,  that  the  aCt  in 
queftion,  cannot  be  erfcclual  to  the  ends  propofed — that 
your  majeily's  interelt  may  be  materially  alfec'ted  by  it — 
and  that  the  proceedings,  on  which  it  is  founded,  were  not 
warranted  in  the  firll  inftance,  by  the  proper  authority, 
but  carried  on  without  the  participation  of  the  crown  ;  we 
cannot  think  itadvifable,  to  lay  this  act  before  your  inajef- 
ty,  as  fit  to  receive  your  royal  approbation. 

Which  is  moft  humbly  fubmitted, 

Dunk  Halifax, 
"  J.  Grenville, 
Whitehall,  James  Cfwald, 

July  18,  1753.  "  Andrew  Stone. 


THE 


HISTORY  OF  NEW- YORK. 

•» 


PART  V. 


from  the  year  1 720,  io  the  conwiencemenf  of  the  adminiflra- 
tion  of  colonel  Cojby, 


WILLIAM  BURNET,  efq.  took  upon  him  the  govern- 
ment of  tliis  pro  ince,  on  the  1 7th  of  September,  i  "Jiq, 
The  council  named  in  his  inftructions,  were 

Colonel  Schuyler,  Mr.  Barbaric, 

Colonel  Depeyfter,  Mr.  Philipfo, 

Captain  Walter,  Mr.  Byerly, 

Colonel  Beekman,  Mr.  Clarke, 

Mr.  Van  Dam,  Dr.  Johnfton, 

Colonel  Heathcote,  Mr.  Harifon. 

Mr.  Burnet  was  a  fon  of  the  celebrated  bifhop  of  that 
name,  whofe  piety  and  erudition,  but  efpecially  his  zeal 
ind  acftivity,  for  the  glorious  revolution  and  proteftant  fac- 
ceffion,  will  embalm  his  memory  to  the  moft  diftant  ages. 
The  governor  was  a  man  of  fenfe  and  polite  breeding,  a 
Nvell-read  fcholar,  fprightly,  and  of  a  focial  difpofition. 
Being  devoted  to  his  books,  he  abftained  from  all  thofe  ex- 
:eftes,  into  which  his  pleafurable  relifh  would  otherwife 
lave  plunged  him.  He  ftudicd  the  arts  of  recommending 
ilmfelf  to  the  people,  had  nothing  of  the  morofenefs  of  a 
gholar,  was  gay  and  condefceuding,  affccfced  no  pomp,  but 


r63 


THE  HISTORY 


vifited  every  family  of  reputation,  and  often  diverted  hini- 
fclf  in  free  conver(c  Nvith  the  ladies,  by  whom  he  was  very 
much  admired.  No  governor,  before  liini,  did  fo  niuthbufi- 
nefs  in  chancery.  Tlie  ofhce  of  chancellor  was  his  delight. 
He  made  a  tolerable  figure  in  the  exercile  of  it, though  he  was 
no  lawyer,  and  had  a  foibl?  very  unfuitable  for  a  judge,  I 
mean  his  refoUing  too  (ptedily,  for  he  uied  to  fay  of  iiim- 
lelf,       act  firll,  and  think  aftcl•^vards."  He  fpoke,  how- 
ever, always  fcnfibly,  and  by  his  great  reading  was  able  to 
make  a  literary  pai  ade. — As  to  his  fortune,  it  v^as  \ery  in- 
confiderable,  for  he  fullered  much  in  the  fouth  fea  fcheme. 
Wliile  in  England,  he  had  the  office  of  comptroller  of  the 
culloms  at  London,  which  he  refigned  to  brigadier  Hunter, 
as  the  latter,  in  his  favour,  did  the  government  of  this  ancl 
the  colony  of  New-Jerfey.  Mr.  Burnet's  acquaintance  with 
that  geniicman  gave  him  a  fine  opportunity,  before  his  ar- 
rival, to  obtain  good  uitclligenre  both  of  pcrfons  and  things. 
The  brigadier  recommended  all  his  old  friends  to  the  favour 
of  his  fueceflbr  ;  and  hence  we  find  that  he  macie  fevr 
changef  amongd  them*.  Mr.  Morris,  the  thief  jultice,  was 
his  principal  confidant.  Dr.  Coldcn  and  mr.  Alexander, 
two  Scotch  genilemen,  had  the  next  place  in  his  efleem. 
He  fhowed  his  wifdom  in  that  choice,  for  they  w  ere  both 
men  of  leaniing,  good  morals,  and  folid  parts.  The  former 
was  w  ell  acquainted  v  ith  the  affairs  of  the  province,  and 
particularly  thofe  w  hich  concerned  the  French  in  Canada 
and  our  Indian  allies.  The  latter  was  b;  ed  to  the  law  ;  and 
though  no  fpeakcr,  at  the  head  of  his  profeflion  for  fagaci- 
ty  and  penetration  ;  and  in  application  to  bufmefs,  no  man 
could  furp^  him.  Nor  was  he  unarquainTed  with  rhe  affairs 
of  the  public,  having  fei-ved  in  ihe  fecretary's  office,  the 
beft  fchool  in  the  province,  for  irffruction  in  matters  of 
government ;  bccaufe  the  fee  eia  y  enjoys  a  plurality  of 
offices,  converfant  \vi  h  the  fi  ft  lprir;gs  of  our  provincial 
ecoiwiny.  Both  thofe  geu:lei7.en  mr.  Burnet  foon  laifed  to 
the  council  board,  as  he  alfo  did  mr.  Morris,  jun.  mr.  Van 
Horn,  wiiofe  davi^hrer  he  married,  and  mr.  Kennedy,  who 
fuc  eeded  Byei  ly,  both  at  the  council  board,  and  in  the  of- 
fice of  receiver-general. 


*  Colonel  Schuyler  and  mr.  Philipfe  were,  indeed,  re- 
moved from  the  council  board,  by  his  reprefentations  ;  and 
their  oppofmg,  in  council,  the  continuance  of  theaflembJy^ 
after  lus  arrival,  was  the  caufe  of  it. 


OF    N  E  \V  -  Y  O  K  K. 


.  Of  all  our  governors,  none  had  fucli  extenfive  and  juft 
views  of  our  Indian  aftah  s,  and  the  dangerous  neighbour-r 
hooci  of  the  French,  as  governor  Burnet,  in  which  mr.  Li- 
\ingfton  was  his  principal  alliftant.  Fis  atienlion  to  thefe 
matters  appeared  at  the  very  commencement  of  iiis  adminif- 
tration  ;  ior  in  his  fiiit  Ipeech  to  the  allenibly,  the  veiy  fall 
after  his  arrival,  he  laboured  to  implant  the  lame  fenti- 
meiits  in  the  brealls  of  the  membeis  ;  eiideavouiing  to  a- 
larm  their  fears,  by  the  daily  advances  of  the  Frei^ch, 
their  pofleiling  the  main  palles.  feducirjg  our  Indian  allies, 
and  encreaiing  their  new  feitlemenis  in  Louilania. 

Chief  jultice  Morris,  whofe  inliucnce  was  very  great  in 
the  houle,  drew  the  addrels  in  anfwer  to  the  governor's 
fpeech,  which  contained  a  pailage  manifefting  tiie  confi- 
dence they  repofjjdin  him.  "  We  believe  that  the  fon  of  that 
worthy  prelate,  fo  eminently  inftrumencal,  inider  our  glo- 
rious monarch,  William  the  third,  in  delivering  us  froiu 
arbitrary  power,  and  its  concomitants,  popery,  faperili- 
tion  and  flavery  j  has  been  educated  in,  and  pollcHes,  thole 
principles,  that  fo  juftly  recommended  his  father  to  the 
council  and  confidence  of  proteftant  princes  ;  and  fuc- 
ceeds  our  fonner  governor,  not  only  in  power,  but  inclina- 
tion to  do  us  good." 

*  From  an  alTembly,  imprelled  with  fuch  favourable  fenti- 
ments,  his  excellency  had  the  higheft  reafon,  to  expedt  a 
fubmiilive  compliant  j,  with  every  thing  recommended  tQ 
their  notice.  The  public  bufniefs  proceeded  without  fufpi- 
cion  or  jealoufy,  and  nothing  intervened  to  diilurb  the 
tranquillity  of  the  political  llate.  Among  the  moft  remark- 
able acls,  palled  at  this  leilion,  we  may  reckon  that,  for  a 
five  years  fupport ;  another  for  laying  a  duty  of  two  per 
cent,  prime  coll,  on  the  importation  of  European  goods, 
which  was  foon  after  repealed  by  the  king  ;  and  a  third, 
for  prohibiting  the  fale  of  Indian  goods  to  the  French.  The 
lafl:  of  thefe  w  as  a  favourite  adl  of  the  governor's,  and 
though  a  law  very  advantageous  to  the  province,  became 
the  fource  of  an  unreafonable  oppolition  againll  him, 
which  continued  through  his  whole  adminillration.  From 
the  conclulion  of  the  peace  of  Utrecht,  a  great  trade  was 
carried  on  between  Albany  and  Canada,  for  goods  falesble 
among  the  Indians.  The  chiefs  of  the  confederates  wifely 
forefaw  its  ill  confeciuences,  and  complained  of  it  to  the 
commifiioners  of  Indian  affairs*,  who  wrote  to  mr.  Hunterj 


The  governor's  relidhig  at  Nev.^  York^,  rendered  it  |ie- 


17® 


THE  HISTORY 


acq'iaintii)^  him  of  their  difI'itisfa(!^ion.  The  letter  was 
laid  bctbre  the  honfe  ;  but  no  efFc(ftu:il  ftep  taken  to  pre- 
vent the  mifchicf,  till  the  pr-fTtne;  of  this  act,  which  fub- 
jec^tetl  thctnulers  to  a  forfeiture  of  the  efte6:s  fold,  and  the 
penalty  of  one  hinulrcd  ponnds.  Mr.  Burnet's  fclienie  was 
to  draw  the  Indian  trade  into  onr  owni  hands  ;  to  obftruA 
the  coinmunicarioii  of  the  Frcncli  witli  our  allies,  u  hich 
gave  them  frcqaent  opportunities  of  fcduring  tlicm  from 
thei:-  fiJcliLy  ;  and  to  rcj»;ain  the  Cagiinuagas,  who  became 
interclled  in  their  din»iledtion,  by  beinc,  the  carriers  be- 
tween Albany  and  Montreal.  Among  thoie  who  were  more 
innnedialcly  prejudiced  by  this  new  reonlation,  the  im- 
portens  of  thofe  goods,  from  K.urope,  were  the  rhief ;  and 
hence  the  Iprin  c^  of  their  oppofirion  to  the  governor. 

All  poifible  arts  were  nfcd,  both  here  and  at  home,  to 
prefcrve  tlie  sjood  temper  oi'tlie  allembly.  Brijradicr  Hunter 
;^avc  the  niini!tiy  fuch  lavourablc  accoiiuis  of  the  members, 
that  colonel  Schuyler,  durin;:;  his  prcIidenrlJiip,  had  orders 
from  mr.  fccretary  Cragi^s,  neirlier  to  diflolve  them  him- 
felf,  nor  permit  them  to  be  dlflolved  ;  and  at  the  fpring 
fcition,  in  the  year  1721,  mr.  Buniet  informed  them,  that 
his  continuance  of  them,  was  highly  approved  at  home. 

■  .  .. 

cefliiry,  that  fonie  pcrfons  fliould  be  cojnmilUoncd,  at  Alba- 
ny, to  receive  intelligonce  from  tlie  Indians,  and  treat  with 
them  upon  emergencies.  Tins  gave  rife  to  the  office  of  com- 
miflioners  of  Indian  afrairs,  w  ho  in  general  tranfac'^t  all  fuch' 
ni:?*ters  as  might  be  done  by  the  governor.  They  receive 
no  falaries,  but  confidcrable  Anns  are  depofircd  in  their 
Irands  for  occafional  prefcnts.  There  are  regular  minutca  1 
of  their  tranfacliions  from  the  year  167^.   Tliefe  were  in 
feparate  quires,  till  mr.  Alexander,  v/ho  borrowed  them  \ 
for  his  pcrufal  in  1751,  had  them  bound  r.p  in  four  large  | 
volumes  in  folio.  Here  all  our  Indian  treaties  are  entered. 
The  books  are  kept  by  a  Iccretary%  commilRoned  in  Kng- 
iand,  wI\ofe  appointment  is  an  annual  falaryof  one  hundred 
pounds  proclamation  out  of  the  quit-rents.  The  command- 
ant at  Ofv.ego  is  generally  a  commiflioner.   The  office 
would  probably  have  been  more  advantageous  than  it  has 
been,  if  the  commilnoners  were  not  traders  themfelves, 
than  which  nothing  is  more  ignoble  in  the  judgment  of  the 
Indians.  Sir  William  Tohnfon  is  at  prefent  the  fole  commif- 
fioner,  and  within  nine  months  after  the  arrival  of  gene- 
ral Braddock,  received  iO;OCol.  ilcrlingto  fecure  the  Indi- 
an intereft. 


OF   NEW -  YORK. 


Heratlo  Walpoie,  the  auditor-general,  who  had  appointed 
mr.  Clarke  for  his  deputy,  thought  tliis  a  favourable  con- 
juncfture,  for  procuring  five  per  cent,  out  of  the  treafury. 
But  the  houfe  was  avcrfe  to  his  application  ;  and  on  the 
ad  of  June,  Abraliam  Dcpeyfter,  jun.  was  appointed  trea- 
furer  by  the  fpeaker's  warrant,  widi  the  confent  of  the  go- 
vernor, in  the  room  of  his  father,  wiio  was  infirm  ;  upon 
which  he  entered  into  a  recognizance  of  5000I.  to  the 
kLag,  before  a  judge  of  the  fupreme  court,  for  tiie  faitliful 
execution  of  his  trull,  which  was  lodged  in  the  fecretary's 
office.  Tlie  houfe  at  the  fame  time,  in  an  addrcfs,  declared 
their  willingnefs  that  the  treafurer  fhould  account ;  but 
utterly  refufed  to  admit  of  any  drafts  upon  tlie  treafu- 
ry, for  the  auditor-general,  wlio  was  cotiilrained  to  de- 
pend entirely  upon  the  revenue,  out  of  wiiicli  lie  received 
about  200I.  per  annum. 

Mr.  Burnet  being  well  acquainted  with  tlie  geography 
of  the  country,  wifely  concladcd,  that  it  was  to  the  laft  de- 
gree necellary,  to  get  the  co'umand  of  the  great  lake  Onta- 
rio, as  well  for  the  benefit  of  the  trade,  and  the  Iccuriiy  of 
the  friendfhip  of  the  five  nations,  as  to  frustrate  the  French 
defigns,  of  confining  the  Englifli  colonies  to  narrow  limits, 
along  the  fea  coaft,  by  a  chain  of  forts  on  the  great  paGes 
from  Canada  to  Louifania.  Towai'ds  the  fabvcrfion  of  this 
fchenie,  he  began  th<"  ert  ction  of  a  trading  houl'e  at  Ofwe- 
go,  in  the  county  of  the  Senecas,  in  1722;  and  recom- 
mended a  provifion  for  the  refidciice  of  rrufty  perfons  a- 
mong  them,  and  the  Onondagas,  which  laft  pofiefs  the  cen- 
tre of  the  five  cantoni.  Thh  year  was  remarkable  for  a  con- 
grefs  of  feveral  governors  and  commifiioners,  cnthc  renew- 
al of  the  ancient  friendfliip  with  the  Indians  at  Albany.  Mr. 
Burnet  prevailed  upon  them  to  lend  a  mcfiage,  to  threaten 
the  eaitern  Indians  witli  a  war,  unlcfs  they  concluded 
a  peace  with  the  Kngliili,  who  were  very  much  harrafiid  ' 
by  iheir  frequent  iiTuptioiis.  On  the  2Gth  of  JMay,  in  the 
year  following,  the  confederates  were  augmented  by  their 
reception  of  above  eighty  Nicariagas,  bendes  women  and 
children,  as  they  had  been  fonnerly,  by  the  addition  of  the 
Tufcaroras.  Thecomicry  of  the  Nicariagas  was  on  the  north 
fide  of  Millilimakmack  ;  but  the  Tufcaroras  poflefied  a  trade 
of  land  near  the  fources  of  James's  river,  in  V^irginia, 
from  whence  the  encroachments  of  the  Englifii  hiduced 
them  to  remove,  and  fettle  near  the  foutli-eait  end  of  the 
Oneyda  lake. 

The  ftrict  union  fubfifting  between  the  feveral  branches 
of  the  legiflature;gave  a  handle  to  mr.Burnet's  enemies  to  ex- 


THE  II  I  S  T  O  K  Y 


cite  a  clamour  ac;am{l  him.  Jealoufics  were  induftrioufl^  foWn 
ill  the  breaRs  of  the  people.  The  continuance  of  anaflembly^ 
after  the  ^ccefTion  of  a  new  governor,  was  re])rcfentcd  as  an 
anLi-coniHtutional  projc<ft :  and  though  the  affairs  of  the  pub- 
lic \vc  re  conuucied  with  wildom  and  fpiiit,  many  were  lo 
much  iiupofed  upon, that  a  nipture  betAvccn  the  p;ovcniorand 
the  allcmhly  was  thought  to  be  abfolutcly  neccHary  for  the 
weal  and  fafcty  of  tiie  community.  But  this  was  not  the  on- 
ly (trataTjcm  of  thofe  who  were  difaffectcd  by  the  prohi- 
bition of  the  French  trade.  The  London  merchants  were 
indtjccd  to  petition  rlic  king  for  an  order  to  his  governor, 
prohibiting  the  re\lval  of  the  act  made  againft  ir,  or  the 
pafiiiig  an}  new  law  of  that  tendency.  The  petition  was 
referred  totiie  board  of  trade,  and  backed  before  tlieir  lord- 
fhips,  with  l'igc;eftlons  of  the  molt  notorious  falfchoods. 
The  lords  of  trade  prudently  advifed,  that  no  fuch  direc- 
tions fhoulcl  be  lent  to  mr.  Burnet,  till  he  had  an  opportuni- 
ty ofuiifwering  the  objecl:ions  agiinft  the  ac^t.  Tl;cy  were 
accordingly  fent  over  to  him,  ar.d  he  laid  them  before  his 
council.  J^r.  Coldrn  and  mr.  Alexander  exerted  themfclves 
in  a  memorable  report  in  anfwer  to  titem,  which  drew 
upon  them  the  refentment  of  fcverai  merchants  here,  who 
ha  1  fii  fl:  excited  the  London  petition,  and  laid  the  fouti- 
dation  for  a  variance  between  their  families,  which  has 
juanifcflcd  itfelf  on  many  occafions.  In  juftice  to  mr.  Bur- 
net's memo:  y,  and  to  fhow  the  propriety-  of  his  mcafures 
for  obftruaing  the  French  trade,  I  cannot  refr-ain  the  re- 
publicaiion  of  the  council's  report  at  full  length. 

*  May  it  pleafe  yom*  excellency, 
*  TN  obedience  to  your  excellency's  cormmands,  in  connci>, 

JL  the  29th  of  Oelrober,  referring  to  us  a  petition  of  fe- 
vcral  merchan-s  in  London,  prcfcnted  to  the  king's  moft 
excellent  majcfty,  againft  renewing  an  act  paHed  in  tliis 
province,  entitled,  An  acft  for  encouragement  of  the  In- 
dian trade,  rnd  rendering  it  more  efTec^tual  to  the  inhabi- 
tants of  this  province,  and  for  prohibiting  the  felling  of  In- 
dian goods  to  the  French  :"  as  likewife  the  levcral  allega- 
tions of  the  faid  merchants  before  the  right  honourable  the. 
lords  of  trade  and  plantations,  we  beg  leave  to  make  the 
following  remarks. 

*  In  order  to  make  our  obfervations  ttie  more  diftincl  and 
clear,  we  fhalLgather  together  the  feveral  aflertions  of  the 
fiid  merchant?,  both  in  their  petition,  and  delivered  ver- 
bally before  the  lords  of  trade,  as  to  the  fituation  of  this 
province,  wi:li  refnecl;  to  tlie  French  and  Indian  nations  ; 


6  F    N  El  W  -  Y  O  R  ^C. 


Snd  obfei've  on  them,  In  the  firft  place,  they  being  the 
foundation  on  which  all  their  other  allegations  are  ground- 
ed. Afterwards  we  fhall  lay  before  your  excellency,  what 
we  think  neceflary  to  obferve,  on  the  other  parts  of  the  faid 
petition,  in  the  order  they  are  in  the  peLiiion,  or  in  the  re- 
port of  the  lords  of  trade. 

*  In  their  geographical  accounts  they  fay,  <^  Befides  the 
nations  of  Indians  that  are  in  the  Englilh  intereft,  there 
are  very  many  nations  of  Indians,  who  are  at  prefent  in 
the  intereitof  the  French,  and  who  lie  between  New  York 
and  the  nations  of  Indians  in  the  EngliOi  interell.  The 
French  and  their  Indians  would  not  permit  the  Englifh  In- 
dians to  pafs  over  by  their  forts.'*  The  faid  adl  reftrains 
them  (the  five  nations)  from  a  free  commerce  with  the  in- 
habitants of  New  York.'* 

The  five  Indian  nations  are  fettled  upon  the  banks  of 
the  i-iver  St.  Lawrence,  diretftly  oppofite  to  Oiiebec,  two 
or  three  hundred  leagues  diilant  from  the  neareft  Britiftl 
•iettlements  in  New  York.'* 

They  (the  five  nations  of  Indians)  were  two  or  three 
"hundred  leagues  diftant  from  Albany  ;  and  that  they  could 
not  come  to  trade  with  the  Englifh,  but  by  going  do\vn  the 
river  St.  Lawrence,  and  from  thence  through  a  lake,  whiclv 
brought  them  withir  eighteen  leagues  of  Albany." 

^  Tliefe  things  the  merchants  have  thought  it  fafe  for 
them,  and  conlillent  with  their  duty  to  his  facred  majefty^ 
to  fay  in  his  majefty's  prefence,  and  to  repeat  them  after- 
wards before  the  right  honourable  the  lords  of  trade, 
though  nothing  can  be  more  direiflly  contrary  to  the  truth. 
For  there  are  no  nations  of  Indians  between  New  York  and 
the  nations  of  Indians  in  the  Englifh  intereft,  who  are  now 
fix  in  number,  by  the  addition  of  the  Tufcaroras.  The 
Mohawks  (called  Annies* by  the  French)  one  of  the  five 
nations,  live  on  the  fouth  fide  of  a  branch  of  Kudfon's  ri- 
ver, (not  on  the  north  fide,  as  they  are  placed  in  the  French 
maps)  and  but  forty  miles  dircCViy  weft  from  Albany,  and 
withm  the  Engliih  fettlements  ;  fome  of  the  Englifli 
farms,  upon  the  fame  river,  being  thirty  miles  further 
■weft.  The  Oneydas  (the  next,  of  the  five  nations)  lie  like- 
wife  weft  from  Albany,  near  the  head  of  the  Mohawk's  ri- 
yer,  about  one  hundred  miles  from  Albany.  The  Ononda- 
'  gas  lie  about  one  hmidred  and  thirty  miles  weft  from  Al- 
-  bany  ;  and  the  Tufcaroras  live  paitly  with  the  Oneydas,  and 


*  Ao-nies. 


z 


174 


THE  HISTORY 


partly  with  the  Onorulagaa*.  The  Cayugas  ai  e  abont  on« 
hundred  aiul  fixty  miles  from  AVbany  ;  ajid  the  Senecas, 
(the  furthelt  of  all  tliefe  notions,)  arc  not  above  two  hun- 
dred and  iDrty  miles  fVoni  Albany,  as  may  appear  from 
mr.  dc  L'lfle's  map  of  Louifaiiia,  who  lays  down  the 
five  nations  under  the  name  of  Iroquois  :  and  goods  are 
daily  carried,  from  this  province,  to  the  Seuccas,  as  well  as 
to  tuofe  nations  tliat  lie  nearer,  by  water,  all  the  way, 
except  tliree  miles  (or,  in  tlie  dry  feaibiis,  five  miles) 
where  the  traders  cai-ry  over  land  between  tlie  Mohawk's 
river  and  the  Wood  creek,  which  runs  into  the  Oneyda's 
lake,  without  going  near  either  Sr.  Lawrence  river,  or  any  of 
tlic  lakes  upon  which  the  French  pafs,  which  are  entirely 
out  of  tlieir  way. 

*  The  nearell  French  forts,  or  fcttlements,  to  Albany,  arc 
Chambly,  and  Montreal,  both  of  them  lying  about  north 
and  by  cAi  from  Albany,  and  are  near  two  hundred  miles 
diltant  from  it.  Q^iiebec  lies  about  three  hundred  and 
eighty  miles  north-eail  from  Albany.  So  far  is  it  from  being 
true,  that  the  five  nations  are  fituated  upon  the  banks  of 
the  river  6t.  Lawrence,  oppofiie  to  Qiiebec,  that  All^any 
lies  almoft  directly  between  Quebec  and  die  five  nations; 
And  to  fay  that  thefe  Indians  cannot  come  to  trade  at  Al- 
bany, but  by  going  down  the  river  St.  Lawrence,  and  theu 
into  a  lake  eighteen  leagues  from  Albany  (we  fuppofe  they 
mean  lake  Cliamplain)  paifing  by  the  French  forts,  is  to  the 
fame  purpofc  as  if  they  lliould  fay,  that  one  cannot  go  from 
London  to  Briftol,  bat  way  of  Edinburgh. 

*  Before  we  go  on  to  obferve  other  particulars,  we  beg 
l("ave  further  to  remark,  that  it  is  fo  far  from  being  true, 
that  the  Indians  in  the  French  intereft,  lie  between  New- 
York  and  our  five  nations  of  Indians  ;  that  fome  of  our 
nations  of  Indians  lie  betw  een  the  French  and  the  Indians, 
from  whence  the  French  bring  the  far  greatelt  quantity  of 
their  furs  :  for  the  Senecas  (whom  the  French  call  Sonon- 
touonsf )  are  fituated  between  lake  Erie  and  Cadaracqui 
lake,  (called  by  the  French,  Ontario)  near  the  gi-eat  fell 
ofI.\garat,  by  wliich  all  the  Indians  that  live  round  lake 
Erie,  round  the  lake  of  the  Hurons,  round  the  lake  of  the 
Illinois,  or  Michegan,  and  round  the  great  upper  lake, 


*  De  L'Ifle. 

f  Ifonnontouans. 

X  Sometimes  Oniagafa,  Ocluiiagara,  but  commonly  Nii* 
gara. 


O  F   N  E  W  -  Y  O  R  K. 


175 


j  generally  pafe  in  their  way  to  Cana^^a.  All  the  Indians  fitu- 
!  ated  upon  the  branches  of  the  Milliflippi,  muft  likewife 
I  pafs  by  the  fame  place,  if  rhey  go  to  Canada.  And  all  oF 
j  them,  likewife,  in  their  way  to  Canada,  pafs  by  our  trad- 
I  iiig-place  upon  the  Cadaracqui  lake,  at  the  mouth  of  the 
I  Onondaga  river.  The  neareft  and  fafeft  way  of  carrying 
i  goods  upon  the  Cadaracqui  lake,  towards  Canada,  being 
i  along  the  fouth  fide  of  that  lake,  (near  where  our  Indians 
I  are  fettled,  and  our  trade  of  late  is  fixed)  and  not  by  the 
i  n«rth  fide  and  Cadaracqui,  er  Frontenac  fort,  where  the 
French  are  fettled. 

'  Now  that  we  have  reprelented  to  your  excellency,  that 
not  one  word  of  the  geography  of  thefe  merchants  is  true, 
upon  which  all  their  realbning  is  founded;  it  might  feem 
needlefs  to  trouble  your  excellency  with  any  further  re- 
marks, were  it  not  to  fhow  with  what  eameftnefs  they  are 
promoting  the  French  intereft,  to  the  prejudice  of  all  his, 
majefty's  colonies  in  North -America,  and  that  they  are  not 
-aihamed  of  ailerting  any  thing  for  that  end,  even  in  the 
royal  prefence. 

*  Firft  they  fay,  That  by  the  ad;  pafled  in  this  province, 
entitled,  <  An  aift  for  the  encouragement  of  the  Indian  trade, 
lie*  all  trade  wharfoever  is  prohibited  in  the  ftndteft  man- 
ner, and  under  the  fevereft  penalties,  between  the  inhabi- 
tants of  New-York  government,  and  the  French  of  Ca- 
nada." 

'  This  is  not  true  ;  for  only  carry  ing  goods  to  the  French, 
I    which  arc  proper  for  the  Indian  trade,  is  prohibited.  The 
I    trade,  as  to  other  things,  is  left  in  the  fame  ftate  it  was  be- 
I    fore  that  act  was  made,  as  it  will  appear  to  any  perfon  that 
fhall  read  it :  and  there  are,  yearly,  large  quantities  of  other 
goods,  openly,  carried  to  Canada,  without  any  hindrance 
from  the  government  of  New-York.  Whatever  may  be  laid 
i    of  the  feverity  and  penalties  in  that  ad:,  they  are  found  in- 


to the  French  ;  anel  the  legiflatm-e  of  this  province  ai  e  con- 
vinced, that  no  penalties  can  be  too  fevere,  to  prevent  a 
trade,  which  puts  the  fafety  of  all  his  majefty's  fubjeds  of 
!    Korth  America  in  the  greateft  danger. 

^  Their  next  allertionis,  All  the  Indian  goods  have  by 
this  act  been  raifed  25I.  to  ;ol.  per  cent."  This  is  the  only 
i  allegation  in  the  whole  petition  that  there  is  any  groiuid 
I  for.  Neverthelefs,  though  the  common  channel  of  trade 
cannot  be  altered  without  fome  detriment  to  it  in  the  be- 
ginning ;  we  are  allured  from  the  cuftom-houfe  books,  that 
there  has  been  every  year,  fiace  the  paffing  of  this  ad,  more 


I    fufficient  to  deter  fome  from 


goods  clandeftinely 


176  T  H  E   H  I  S  T  O  R  y  | 

fairs  exported  from  Nc"\v-Yoik,  tlian  in  tlic  year  immedi*  j 
ately  bctbrc  the  pafiing  of  this  act.  it  is  not  probable  tliat 
the  grcatelt  diffcicncc  between  tlie  exportation,  any  year 
befo.  e  this  act,  and  any  year  lince,  could  lb  much  alter  the 
price  ot  beaver,  as  it  is  lound  to  be  this  laft  year.  Beaver 
IS  carried  to  Britain  from  other  parts  befides  New- York, 
and  it  Is  certain  tiiat  the  price  of  beaver  is  not  fo  nmch  al- 
tered here  by  the  quantity  in  our  market,  as  by  the  de- 
jnanil  for  it  in  Britain.  But  as  w  e  cannot  be  fo  well  inform- 
ed hei  e,  what  octafions  b-aver  to  be  :n  greater  demand  in 
Britahi,  we  mult  leave  that  to  be  enquired  after  in  Kneland. 
Howevc'r,  \vc  are  fully  Ihtislied,  that  it  will  be  founa  tobe 
for  very  different  rtalbns  from  w  hat  the  merchants  allege. 

^  Tlij  ini;rchants  go  o;i  and  f.iy,  "  Whereas,  on  the  other 
hand,  tliis  b.anch  of  the  New- York  trade,  by  the  difcour- 
agemeots  bj  ought  upon  it  by  this  act,  is  almolt  wholly  en- 
groflsd  by  the  r'rench,  who  have  already  by  this  act,  been 
cncour.igcd  to  fend  proper  European  goods  to  Canada,  to 
carry  on  this  tiade,  fo  that  flioulil  this  act  be  continued, 
the  New-York  trade,  which  is  very  confiderable,  muft  be 
wholly  loft  to  us,  and  centre  in  the  French. —  Though  New- 
Yoik  fliould  not  fin  iiiih  them,  the  French  v  ould  fijid  an- 
other way  to  be  fapplied  therewith,  either  from  fomc 
oilier  of  his  majefty's  plantations,  or,  it  might  be,  direcftly 
from  x^urope. — Many  of  the  goods,  which  the  Indian* 
want,  bting  as  eafy  to  be  had  directly  from  France  or  llol- 
land^as  from  Great-Britain." 

*  This  is  eafily  aiifwered,  by  informing  your  excellency, 
that  the  principal  of  the  goods  proper  for  the  Indian  maiy 
ket,  a .  e  or.ly  of  the  manafac^tares  of  Great-Britain,  or  of 
the  Bri:.ilh  plantations,  viz.  ft.  ouds,  or  ftroud-waters,  and 
other  woolens,  and  rum. — The  French  muft  be  obliged 
to  bay  all  their  w  oolens  (the  ftrouds  efpecially)  in  Eng- 
land, and  rhence  carry  thera  to  France,  in  order  to  their 
tranfpot ration  to  Canada. 

'  The  voyage  to  Quebec,  through  the  bay  of  St.  Law- 
rence, is  well  known  to  be  the  moft  dangerous  of  any  in  the 
■wo  Id,  and  only  practicable  in  the  fummer  months.  The 
French  have  no  commodities  in  Canada,  by  reafon  of  the 
cold  and  barrennefs  of  the  foil,  proper  for  the  Weft  India 
markets  ;  and  therefore  have  no  rum  but  by  veflels  froHi 
France,  that  touch  at  their  ifiands  in  the  Weft  Indies.  New- 
Y'ork  has,  by  reafon  of  its  fituation,  both  as  to  the  lea  and 
the  Indians, every  way  the  advantage  of  Canada.  The  New- 
York  veflels  make  always  rsvo  voyages  in  a  year  from  Eng- 
land^ one  in  fummer^  and  another  in  winter,  and  fevered 


OF  NEW-YORK. 


177 


voyages  in  a  year  to  the  Wcft-Indies.  It  is  manifeflr,  there- 
fore, that  it  is  not  in  the  power  of  the  French  to  import 
any  goods  near  fo  cheap,  to  Canada,  as  they  are  imported 
to  New- York. 

'  But  to  put  this  out  of  all  controverfy,  we  need  only 
obfei*\'e  to  your  excellency,  that  itrouds  (wdthour  which  rio 
confiderable  trade  can  be  carried  on  w'vAi  the  Indians)  are 
fold  ac  Albany  for  lol.  a  piece:  they  were  fold  at  Mon- 
treal, before  this  att  took  place,  at  13I.  2s,  6d.  and  now 
tliey  are  fold  there  for  25I.  and  upwards  ;  which  is  an  evi- 
dent proof,  that  the  French  have  not,  in  thele  four  years 
time,  (during  the  contiiuiraice  of  this  act)  found  out  any 
other  way  to  luj^ply  themfelves  with  llrouds  ;  and  likewile 
that  they  cannot  trade  without  them,  feeuig  they  buy  them 
at  fo  extravagant  a  price. 

*  It  likewile  appears,  that  none  of  the  neighbouring  co- 
lonies have  beeii  able  to  fapply  the  French  with  ihefe 
goods  ;  and  thofe,  that  know  the  geography  of  the  coun- 
try, know  it  is  impracticable  to  do  it  at  any  tolerable 
rate,  becaufe  they  muft  carry  their  goods  ten  times  further 
by  land  than  we  need  to  do. 

*  We  are  likewife  afliired,  :hat  the  merchants  of  Mon- 
treal lately  told  nnr.  Vaudreuil,  their  governor,  that  if  the 
trade  from  Albany  be  not  by  ibme  mean  or  other  encour- 
aged, they  muft  abandon  that  fettlement.  We  have  leafon, 
therefore,  to  fufpe(ft,  that  thefe  merchants  (at  leaft  fome  of 
them)  have  beenpracufed  upon  by  the  French  agents  in  Lon- 

I  don;  for  no  doubt,  the  French  will  leave  no  method  un- 
1  tried  to  defeat  the  prelent  deligns  of  this  government,  fee- 
j  ing  they  are  more  afraid  of  the  con fequences  of  this  trade 
i  between  New-York  and  the  Indians,  than  of  all  the  warlike 
;  expeditions  that  ever  WTre  attempted  agai nit  Canada. 

*  But  to  return  to  the  petitioners.  They  conceive 
nothing  can  tend  more  to  the  withdrawing  the  affecftions  of 
the  five  nations  of  Indians  from  the  Englilh  interell,  than 
the  continuance  of  the  faid  acT,  which  in  its  effects  reftrains 
them  from  a  free  commerce  with  the  inhabitants  of  New- 
York,  and  may  too  probably  eltrange  them  from  the  Eng^ 
lilh  intereft  ;  whereas,  by  a  freedom  of  commerce,  and  ai^ 
encouraged  intercourfe  of  trade  w  ith  the  French  and  their 
Indians,  the  Englilh  intereft  might,  in  time,  be  greatly  im- 
proved and  Itrengthened." 

*  It  feems  to  us  a  ftrange  ai'gument  to  fay,  that  an  a(ft, 
the  whole  purport  of  w  hich  is  to  encourage  our  own  peo- 
ple to  go  among  the  Indians,  and  to  draw  the  far  Indians 

^  ^irough  our  Indian  country  to  Albany  (an^  wliich  has  tvul/ 


T  II  n  HISTORY 


produced  tliefe  efFeifts)  would,  on  the  contrary,  rcftrain 
them  f  rom  a  tVee  coauiierce  with  the  inhabitants  ofNe^- 
"York,  aiiJ  may  too  piobably  eft.  ange  them  from  the  Eiig- 
Yiih  iiitcrciV  ;  iMid  tficielo.  t  t'lat  it  would  be  mucli  wifer  in 
us,  to  make  um?  of  tlic  French,  to  promote  tiic  Knglifli  in- 
€ereft  ;  and  for  which  ciul,  ue  ought  to  encourat^c  d  free 
inrcrcouilb  between  tliem  and  our  hidians.  Thercverfe  of 
tliis  is  exactly  tn.t,  in  the  opinion  of  our  five  nations; 
wlio,  iji  all  llicir  p  iblic  neaiies  with  this  (rovcrnmeiK,  have 
reprefeiued  agniull  tlds  trade,  as  the  building  the  Kiench 
/ort8  Willi  KiigUlli  ftrouds  :  that  the  encouraging  a  free- 
dom of  commi-vce  wich  our  Indians  and  the  (ndiaiis  round 
them,  w  ho  mull  jials  throiic;h  their  country  to  Albany, woidd 
certainly  incrcafe  boih  the  tngllfh  interelt  and  theirs, 
among  all  the  r.arlons  to  the  wcltward  of  them  ;  and  that 
the  carrying  the  Indian  market  to  Montreal  in  Canada, 
dixiws  all  the  far  Indians  thitlicr. 

*  The  lalt  thing  we  iuive  to  take  norice  of,  is  what  the 
merchants  aliened  before  the  lords  of  trade,  viz.  That 
there  h  \s  not  been  half  the  qi;^n:iry  of  European  goods  ex- 
ported Hnce  the  polling  of  this  act,  that  uled  to  he." — '  We 
are  well  aftiired,  that  this  is  no  belter  grounded  than  the 
above  facts  they  allert  w  ith  the  fame  pofuivenefs.  For  it  is 
well  Iviiown,  ahttoH:  to  every  j)erfon  in  New- York,  that 
there  has  not  be^n  a  lefs,  b'lt  rather  a  gi'eater  quantity  of 
European  goods  imported  into  this  ])lace,  fnice  the  fafling 
of  this  act,  than  was  at  any  time  before  it,  in  the  fame  fpace 
of  time.  As  this  appears  by  the  manifefts  in  the  cuftom-houfe 
here,  the  Ikme  may  likcwife  be  eafily  pi'ovcd  by  the  cuf- 
tam-ho"::r3  books  in  London. 

^  As  all  tlicarguments  of  the  merchants  run  upon  the  ill 
efFedts  this  sict  has  had  upon  the  trade  and  the  minds  of  the 
Indians,  eveiy  one  of  which  we  have  fliown  to  be  aflerted, 
without:  the  leaft  foundarion  to  fupport  them  ;  there 
nothing  nov/  remains,  but  to  l>iow  the  good  effects  this  ac^t  has 
produced,  which  are  fo  notorious  in  thi> province,  that  vflc 
Know  not  opie  perfon  that  now  opens  liis  moutli  againft  tlie 
act 

^  Before  this  act  palTed,  none  of  the  people  of  this  pro- 
vince travelled  into  the  Indian  countries  to  trade.  We  have 
BO.W  above  forty  young  men,  who  have  beenfeveral  times  as 
far  as  the  lakes  a  trading,  and  thereby  become  well  acquaint- 
ed, not  only  with  the  trade  of  tlie  Indiiuis,  but  likewife  with 
their  manners  and  languages  ;  and  thofe  have  returned 
with  fv.ch  lavfTc  quantities  of  furs,  that  greater  numbers  are 
refolved  to  follow  theii*  example  ;  fo  that  we  have  good 


OF  NEW-YORK. 


rtfafon  to  hope,  that  m  a  little  time,  the  EngKfti  wHl  draw 
the  whole  IiLdian  ti  ade  of  the  ialand  countries  to  Albany, 
aiid  into  the  country  of  the  five  nations.  This  government! 
has  built  a  public  trading  houle  upon  Cadaracqui  lake,  at 
Irondeqiiat  in  the  Senecas  land,  and  aiicther  is  to  be  buik, 
next  fpring,  at  the  mouth  of  the  Onondagas  river.  All  the 
far  Indians  pafs  by  thefe  places,  in  their  way  to  Canada  ; 
and  they  are  not  above  half  lb  far  from  the  Englifh  lettle- 
jnents,  as  they  are  from  the  French. 

*  So  far  is  it  from  being  true  what  the  merchants  fay, 
That  the  French  forts  interrupt  all  conrmunicaricn  be- 
tween the  Indians  and  the  Englifii  that  if  theie  places  b* 
well  fupported,  as  they  ealily  can  be  from  our  fettlements, 
in  cafe  of  a  rupture  with  the  French,  it  will  be  in  the  pow- 
er of  this  province,  to  intercept  the  greatelt  part  of  the 
trade  between  Canada  and  the  Indians  round  the  lakes  and 
the  branches  of  the  Mifiilhppi. — Since  this  aclpafied,  many 
nations  have  come  to  Albany  to  trade,  and  peace  and  fj  iend- 
fhip,  whofe  names  had  not  fb  much  as  been  heard  of  a- 
mong  us. — In  the  beginning  of  May,  1 723,  a  nation  of  In- 
dians came  to  Albany,  finging  and  dancing,  with  their  ca* 
lumets  before  them,  as  they  always  do  when  they  come 
to  any  place,  where  they  have  not  been  before.  We  do 
not  find  that  the  commiffioners  of  Indian  affairs,  were  ablft 
to  inform  themfelvcs  what  nation  this  was. 

*  Towards  the  end  of  the  fa  v  e  month,  eighty  men,  be- 
lides  the  women  and  children,  came  to  Albany  in  the  Gxme 
manner.  Thefe  had  one  of  our  five  nations  w  ith  them  for 
an  interpreter,  by  whom  they  infonncd  the  cominiflioners, 
that  they  were  of  a  great  nation,  called  Nehkereages,  con- 
lifting  of  fix  caftles  and  tribes  ;  and  that  tlicy  lived  near  a 
place  called  by  the  French,  Mifiimakinah,  between  the  up- 
per lake  and  the  lake  of  the  Hurons.  Thefe  Indians  not 
only  defired  a  free  commerce,  but  likewife  to  enter  into  a 
ftrid:  league  of  friendlhip  W'ith  us  and  our  fix  nations,  that 
they  might  be  accounted  the  feventh  nation  in  the  league  ; 
and  being  received  accordingly,  they  left  their  calumet  aB 
a  pledge  of  their  fidelity.  In  June,  another  nation  ari- 
rived,  but  from  what  part  of  the  continent  we  have  not 
learned. 

*  In  July,  the  Twightwies  arrived,  and  brought  an  In^ 
dian  interpreter  of  our  nations  with  them,  who  told,  that 
they  were  called  by  the  French  Priianncs,  and  that  they  live 
upon  one  of  the  branches  of  tiie  river  IMiffiiiippi. — At  the 
fame  time,  fome  of  the  Tahfagrondie  Indians,  who  live  be- 
Iween  lake  Erie  and  the  lake  Harons,  near  a  French  fettle^ 


\ 


THE  HISTORY 


inent,  did  come  and  renew  their  league  with  the  Englifh; 
nor  durft  the  French  hinder  them. — Jn  July  this  year,  an- 
otlier  nation  came,  whofe  fiiuation  and  name  wc  kno\Y 
not  ;  ami  in  Auguft  and  September,  fevcral  jrarties  of  the 
lame  Indians,  that  iiad  been  here  lalt  year  :  but  the  greatelt 
iiumbci  s  ot'thcfe  far  hidians  have  been  met  this  year  in  tlic 
Jndian  counii-y  by  our  traders,  everyone  of  them  en<lca- 
vouring  to  get  before  another,  in  order  to  reap  the  profit* 
of  lb  a  -ivanrageous  a  trade,  which  has  all  this  lunnner  long, 
kept  about  forty  traders  conlhiiitly  employed,  in  going  be- 
rvvccnour  trading-places,  in  our  Indian  country,  and  Al- 
bany. 

*  All  thcfe  nations  of  Indians,  who  came  to  Albany,  (Iiid, 
that  the  French  Irad  told  them  many  llrange  Itories  of  the 
EngUlh,  and  did  what  they  could,  to  hinder  their  coming 
to  Albany  ;  but  that  they  had  refolved  to  break  through 
by  force.  The  difference  on  this  fcore  between  the  Tahfa- 
grondie  Indians  and  the  French  (who  have  a  fort  and  iet- 
tlemcnt  tlierc,  called  by  thcmlc  Detroit)  rofc  to  that  height, 
this  luuimcr,  that  mr.  Tonri,  who  commanded  there, 
thought  it  proper  to  retire,  and  return  to  Canada  w  ith  many 
of  his  men. 

*  We  arc,  for  thcfe  veafons,  well  alfured,  that  this  year 
there  will  be  more  beaver  exported  for  Great  Britain,  than 
ever  was  from  this  p  ovince  in  one  year  ;  and  that  if  the 
cullom-houfe  books  at  London  be  looked  into,  it  will  be 
found,  thai  there  w  ill  be  a  far  greater  quantity  of  goods  for 
the  Indians  (ftrouds  efpecially)  fent  over  next  fpring,  than 
ever  was  at  any  one  time  to  this  province.  For  the  mer- 
chants here  tell  us,  that  they  have  at  this  time  ordered  more 
of  thefc  goods,  tiian  ever  was  done  at  any  one  time  before. 

*  Thel'e  matters  of  fact  prove,  beyond  contradivition,  that 
this  acft  iias  been  of  the  greateft  fervice  to  New-York,  in 
making  us  acquainted  with  many  nations  of  hidians,  for- 
merly entirely  unknown,  and  1trar»gers,  to  ns  ;  withdraw* 
ing  them  from  their  dependence  upon  the  French,  and  in 
uniting  them  to  us  and  our  Indians,  by  means  of  trade  and 
mutual  offices  of  friendftiip. — Of  what  great  confequence 
this  may  be  to  the  Britifh  intereft  in  general,  as  to  trade,  is 
apparent  to  any  body.  It  is  no  lefs  apparent,  likewife,  that 
it  is  of  the  greateft  confequence  to  the  fafety  of  all  the  Bri- 
tilh  colonies  in  North  America.  V/e  feel,  too  fenlibly,  the 
ill  efFeifls  of  the  French  intereft  in  the  prefent  war  betwixt 
New  England,  and  oidy  one  nation  of  Indians  fuppoitcd 
by  the  French.  Of  what  difmal  confequcnces  then  might  it 
he,  if  the  French  Ihcukl  be  able  to  influence,  in  the  lame 


O  F   N  E  W  -  Y  O  R  R.  i8r 

manner,  fo  many  and  fuch  numerous  nations,  as  lie  to  the 
wellward  of  this  province,  Pennfylvania,  and  Maiyland  f 
On  the  other  hand,  if  ail  thefe  nations  (who  aflert  their  own 
freedom,  and  declare  themfelves  friends  to  thofe  that  fup* 
plj  them  beft  with  what  they  want)  be  brought  to  have 
a  dependence  upon  the  Englilh  (as  we  have  good  reafon 
to  hope  in  a  fliort  time  they  will)  the  French  of  Canada,  in 
cafe  of  a  war,  muft  be  at  the  mercy  of  the  Engliih. 

^  To  thefe  advantages  muft  be  added,  that  many  of  our 
young  men  having  been  induced  by  this  adt  to  travel  a- 
mong  the  Indians,  they  learn  their  manners,  their  lan- 
|;uages,  and  the  (ituation  of  all  their  countries,  and  become 
mured  to  all  manner  of  fatigues  and  hardfliips  :  and  a  great 
many  more  being  refolved  to  follow  their  example,  thefe 
young  men,  in  cafe  of  war  whh  the  Indians,  will  be  of  ten 
times  the  fervice,  that  the  fame  number  of  the  common  mili- 
tia can  be  of. — The  effetfts  of  this  avft  have  likewife  fo  much 
quieted  the  minds  of  the  people,  with  refpecl;  to  the  fecu- 
i4ty  of  tiie  frontiers,  that  our  fettlements  are  now  e^itend- 
ed  above  thirty  miles  furthei  weft  towards  the  Indian  coun- 
tries, than  they  were  before  it  pafled . 

'  The  only  tiling  that  now  remains  to  anfwer,  is  an  ob- 
jeAion  which  we  fuppofc  may  be  made,  what  can  induce 
the  merchants  of  London  to  petition  againft  an  ac^l,  which 
will  be  really  fo  much  for  their  intereft  in  the  end  ?  The 
realbn  is,  in  all  prol  ability,  becaufe  they  only  confider  their 
prefent  gain  ;  and  that  they  are  not  at  all  concerned  for  the 
f^ety  of  this  country,  in  encouraging  the  moft  neceflaiy 
undertaking,  if  they  apprehend  their  profit  for  two  or  three 
years  may  be  leflened  by  it.  This  inclination  of  tlie  mer- 
chants has  been  fo  notorious,  that  few  nations  at  war  with 
their  neighbours,  have  been  able  to  reftrain  them  from  fup- 
plying  their  enemies  with  ammunition  and  arms.  The 
coujrit  d'Eftrade,  in  his  letters  jn  t 6  :?8,  fays,  that  when  the 
Putch  were  belieging  Antwerp,  one  Beiland,  who  had  load- 
ed four  fly-boats  with  aims  and  powder  for  Antwerp,  being 
jaken  up  by  the  prince  of  Orange's  order,  and  examined 
5it  Amfterdam,  faid  boldly,  that  the  burghers  of  Amfterdam 
iiad  a  right  to  trade  every  where  :  that  he  could  name  a 
jiundred  that  were  faiflors  for  the  merchants  at  Antwerp, 
5ind  that  he  was  one.  "That  trade  cannot  be  inteiTupted, 
5ind  th;it  for  his  part  he  was  very  free  to  own,  that  if  to  get 
any  thing  by  trade,  it  were  neceflary  to  pafs  through  hell, 
he  would  venture  to  burn  his  fails."  '  When  this  principle, 
fo  common  to  merchants,  is  conftdered^  ^iid  th3.t  foinc  in 


l82 


THE  HISTORY 


this  place  have  got  ellatcs  by  trading  many  years  to  CunvdHf 
it  is  not  to  be  wondered,  that  they  have  acted  as  laciorslor 
Canada  in  this  affair,  and  that  they  have  ti  anfiniLted  fuch 
accounts  to  their  coiTcfpondenis  in  London,  as  are  conhitent 
%vith  the  trult  repofed  iii  them  by  the  merchants  of  Ca- 
nada. 

<  hi  thclaft:  place,  we  are  humbly  of  opinion,  that  it  may 
be  proper  to  print  the  petition  of  tlie  merchants  of  Lon- 
don, and  their  allegations  before  the  lords  of  trade,  toge- 
ther with  the  anfv,  cis  your  connnittee  has  made  thereto, 
in  vindiration  of  the  legiliaLure  of  this  province,  of  which 
we  have  tiie  honour  to  be  apart,  if  your  excellency  fliall 
appi  ove  of  our  anfu  ers  ,  that  what  we  have  faid  may  bo 
e  A^ofed  to  the  examination  of  every  one  in  this  })lace,  where 
the  truth  of  the  matter-s  of  fa»5t  is  bell  known,  and  that  the 
CO  refpondents  of  thefe  merchants  may  have  the  molt  pub- 
lic notice  to  reply,  if  ihey  fliall  ihir.k  it  proi)er,  or  to  dif- 
own,  in  a  public  manijc/,  that  they  are  the  authors  of  fuch 
groundlefs  info  in ai ions.  All  which  is  ununhnoully  aiwl 
humbly  fub  mi  tied  by 

*  Your  excellency's 

*  Moft  obedient  humUc  fervants, 

'  R.  Walter,  *  Cadwallader  Colden, 

'  Hip  Van  Dam,         '  James  Alexander, 
'  John  Barbaric,  *  Abraham  Van  Horne.' 

*  ¥r.  Harifon, 

Governor  Burnet  tranfmitted  this  report  to  the  board  of 
trade  ;  and  it  had  the  intended  effecfl.  About  the  latter  end 
r.f  the  year  1724,  an  unfortunate  difpute  commenced  in  the 
French  church,  of  w^hich,  becaufe  it  liad  no  fmall  influ- 
ence on  the  public  affairs  of  the  government,  I  lliall  lay  be- 
fore the  reader  a  fliort  account. 

The  perfecutions  in  France,  which  enfued upon  there- 
vocation  of  the  edidt  ofNantz,  drove  the  proteftant  fub- 
jetfts  of  Louis  XIV.  into  the  territories  of  other  princes. 
Many  of  them  fled  even  into  this  province  :  the  mofl:  opu- 
lent fettled  in  the  city  of  New  -York  ;  others  went  into  the 
country,  and  planted  New  Rochelle  ;  and  a  few  feated 
themfelves  at  the  New  Paltz  in  Ulfter  county.  Thofe,  who 
redded  in  New-York,  foon  eredted  a  church,  upon  the 
principles  and  model  of  that  in  Geneva  ;  and  by  their 
growth  and  foreign  acceffions,  fonned  a  congi  egation,  for 
numbers  and  riches,  fuperior  to  all  but  the  Dutch.  They 
had  two  miniflers  ;  Rcn^  the  fir  ft  called^  was  a  man  cf 


OF    N  E  W  -  Y  O  R  K. 


learning,  but  proud,  pleafarable^  and  paflionate.  Moull- 
naars,  his  colleague,  was  moft  diftinguifned  for  his  pacific 
fpirit^  dull  parts,  and  unblameable  life  and  converfation. 
Rou  defpifed  his  fellow  labourer,  and,  for  a  long  time, 
commanded  the  whole  congregation,  by  the  faperiority  of 
his  talents  for  the  pulpit.  The  other,  impatient  of  repeat- 
ed affronts  and  open  contempt,  railed  a  party  in  his  fa- 
vour, and  this  year  fucceeded  in  the  ele(ftion  of  a  fet  of  el- 
ders, difpofed  to  humble  tlie  delinquent.  Rou,  being  fufpi- 
cious  of  the  defign,  refufed  to  acknowledge  them  duly 
elected.  Incenfed  at  this  conducJt,  they  entered  an  act*  in 
their  minutes,  difmillinghim  from  the  pafloral  charge  of  the 
church,  and  procured  a  ratification  of  the  aA  under  the 
hands  of  the  majority  of  the  people.  Governor  Burnet  had, 
long  before  this  time,  admitted  Rou  into  his  familiarity,  on 
the  fcore  of  his  learning  :  and  that  confideration  encourag- 
ed a  petition  to  him,  from  Ron's  adherents,  complaining  a- 
gainft  the  elders.  The  matter  was  then  refen-ed  to  a  com- 
mittee of  the  council,  who  advifed  that  the  congregation 
fiiould  be  admonifhed,  to  bring  their  differences  to  an  ami- 
cable conclufion.  Some  overtures,  to  that  end,  were  at- 
tempted ;  and  the  elders  offered  to  fubmit  the  controver- 
fy  to  the  Dutch  minifters.  But  Rou,  who  knew  that  tiie 
French  church  in  this  country,  without  a  fynod  was  unor- 
ganized, and  could  not  reflrain  him ,  chofe  rather  to  brmg 
his  bill  in  chancery  l^efore  the  governor. 

Mr.  Alexander  was  his  council ;  and  mr.  Smith*,  a  young 
lawyer,  of  the  firft  reputation  as  a  fpeaker,  appeared  for 
the  ciders.  He  pleaded  to  the  jurifdiction  of  the  court,  in- 
filling  that  the  matter  was  entirely  ecclefiaftical,  and,  in  the 
profecution  of  his  argument,  entered  largely  into  an  ex- 
amination of  the  government  of  the  proteftant  cliurches  in 
France.  According  to  which,  he  Ihowed,  that  the  confiftory 
■were  the  proper  judges  of  the  point  in  difpute,  in  the  firft 
inftance  ;  and  that  from  thence  an  appeal  lay  to  a  collogue, 
next  to  a  provincial,  and  laft  of  all  to  a  national  fynod.  Mr. 
Burnet  neverthelefs  over-ruled  the  plea  ;  and  the  defen- 
dants, being  fearful  of  a  decree,  that  might  expofe  their 
own  eftates  to  the  payment  of  Rou's  falary,  thought  it  ad- 


*  Thefe  gentlemen  came  into  the  colony  in  the  fame  fhip 
in  1 71 5.  The  latter  was  born  at  Newport  Pagnel,  in  Buck- 
inghamfliire.  They  were  among  the  principal  agents  in  the 
political  ftrugglcs  during  tlie  adminifbration  of  col.  Cofpy. 


THE  HISTORY 


vjfcable  to  drop  their  debates,  reinftatc  the  miniftcr,  aiii 
leave  the  church. 

All  thofe,  who  oppofed  Rou,  were  difobliged  with  the 
governor  :  among  theie  mr.  de  Lancey  was  the  nioit  con- 
tidci  jblc  for  his  wealth  antl  popular  iiiHuence.  He  was  very 
rigid  ju  his  religious  profelTicn,  one  of  the  firll  builders, 
and  by  far  the  molt  jrenerous  bcnefacitor,  ot  the  t  rench 
church  ;  and  therefore  left  it  with  the  utmolt  reluctance. 
Mr.  Burnet,  before  this  time,  had  confidcred  him  as  hit 
enemy,  becaufe  he  had  opp»)fcd  the  i>rohibicion  of  tiie 
French  trade  ;  and  this  led  him  into  a  Ilep,  which,  as  it 
was  a  perfonal  indignity,  mr.  de  Lancey  could  never  recol- 
lec't  without  refentment.  'i  his  gentleman  was  returned  for 
the  city  of  New- York,  in  the  room  of  a  dccealed  member, 
at  the  meeting  of  the  allcnd)ly  in  Scptend^er  1725.  When 
he  offered  himlelf  for  the  oaths,  mr.  liuniet  afked  him  how 
lie  became  a  f'ubject  of  the  crown  ?  He  anfwered,  that  he 
was  denizened  in  Kngland  :  and  his  excellency  dilinifled 
him,  taking  ti  ne  to  confider  the  matter.  Mr.  de  Lancey 
then  laid  before  the  houfe  an  ac't  of  a  notary  public,  certi- 
fying that  he  was  named  in  a  patent  of  denization,  grant- 
ed in  the  reign  of  James  the  lecond — a  patent  of  the  lame 
kind,  under  the  great  feal  of  this  province,  in  1686 — and 
two  certificates,  one  of  his  having  taken  the  oath  of  alle- 
giance, according  to  an  acft  palled  here  in  16S:;,  andanotlier 
of  his  ferving  iji  feveral  former  aflemblies.  The  governor, 
in  the  mean  time,  confultcd  the  chief  juftice,  and  traiif- 
anitted  his  opinion  *  to  the  houle,  who  refolved  in  favouf 
of  mr.  de  Lancey.  Seve-al  other  new  reprefentatives  came 
in,  at  this  feflion,  upon  the  deceafe  of  the  old  members  ; 
and  Adolph  Philipfe,  w  ho  was  fometime  before  difinilled 
from  the  council  board,  was  elecced  into  the  fpeaker'g 
chair,  in  the  abfence  of  mr.  Livingfton.  The  majoiity, 
however,  continued  in  the  intereft  of  the  governor  ;  and 
confented  to  the  revival  of  the  leveral  acts,  which  had  been 
paded  for  prohibiting  the  French  trade  ;  which,  in  fpite 
of  all  the  reftraints  laid  upon  it,  w  as  eland eftinely  carried 
on  by  the  people  of  Albany.  Ofwego,  iieverthelefs,  grew 


*  What  colonel  Morris's  opinion  was,  I  have  not  been 
able  to  dalcover.  Govenior  Burnet's  condutfl  was  thought 
to  be  unconititutional,  and  an  invafion  of  the  rights  of  the 
affembly,  who  claim  the  exclufive  privilege  of  determining 
the  c[ualilications  of  their  own  members. 


OF   N  E  W  .  Y  O  R  K. 


fponfiderableforits  commerce  :  fifty-feven  canoes  v.  ent  ther^ 
this  fummer,  and  retnirned  withfeveii  hundred  and  thirty* 
leight  packs  of  beaver  and  deer  {kins. 

Nothing  could  more  naturally  excite  the  jealcufy  of  the 
French,  than  the  erection  of  the  new  trading  hcufe  at  the 
month  of  the  Onondaga  river.  Fearful  of  lofing  a  profitable 
trade,  which  they  had  almoft  entirely  cngrofed,  and  the 
command  of  the  lake  Ontario,  they  launched  two  veilcis 
in  it  in  1726,  and  tranlported  materials,  for  building  a 
large  ftore-hoafe,  and  repairing  the  fort  at  Niagara.  The 
fcheme  was  not  only  to  lecure  to  themfelves  the  entrance 
into  the  weft  end  of  the  lake,  as  they  already  had  the  eaftj, 
by  the  fraudulent  erection  of  fort  Frontenac,  many  years 
before  ;  but  alfo  to  caiTy  their  trade  more  weiterly,  and 
thus  render  Ofwego  ufeiefs,  by  fliortening  the  travels  of  the 
weftern  Indians,  near  two  hundred  miles.  Baron  de  Lon- 
guiel,  who  had  the  cliief  command  in  Canada,  on  the  death 
of  the  marquis  de  Vaudreuil,  in  Ocftober  1725,  was  fo  in- 
tent upon  this  projecft,  that  he  went,  in  perfon,  to  the  On- 
ondaga canton,  for  leave  to  raife  the  ftore-houle  at  Nia- 
gara :  and  as  thofe  Indians  were  moft  of  all  expofed  to  the 
intrigues  of  the  jefuits,  who  conftantly  relided  amon(;lt 
them,  he  prevailed  upon  them  by  fraud  and  falfe  repre- 
fentations,  to  confent  to  it,  for  their  prorecMiion  agamit  the 
Englifh.  But  as  loon  as  this  matter  was  made  known  to  the 
other  nations,  they  declared  the  permiffion  g.  anted  by  the 
■Onondagas  to  be  abiblutely  void  ;  and  fent  deputies  to  Nia- 
jgara,  with  a  mellage,  fignifying  that  the  countiy,  in  which 
they  were  at  work,  belonged  folely  to  the  Senccas  ;  and 
required  them  immediately  to  defift.  The  French,  notwith- 
ftanding,  were  regardlefs  of  the  embaflage,  and  pufhed  on 
their  enterprife  with  all  pollible  difpatch,  while  joncairc 
exeited  all  his  addrefs  among  the  Indians,  to  prevent  the 
demolition  of  the  works.  Canada  was  very  much  indebted 
to  the  inceflant  intrigues  of  this  man.  He  had  been  adopted 
by  the  Senecas,  and  was  well  efteemed  by  the  Onondagas. 
He  fpoke  the  Indian  language,  as  Charlevoix  informs  us, 

avecla  plus  fublime  eloquence  Iroquoife,"  and  had  lived 
amongft  them,  after  their  manner,  from  the  beginning  of 
queen  Anne's  reign.  All  thefe  advantages  he  improved 
far  the  intereft  of  his  coimtry  ;  he  facilitated  the  miliiona- 
ries  in  their  progrefs  through  the  cantons,  and  more  than 
any  man  contributed  to  render  their  dependence  upon  the 
Englifli,  weak  and  precarious.  Convinced  of  this,  colonel 
Schuyler  urged  the  Indians^  at  his  treaty  widi  theijn,  ip. 


THE  HISTORY 


1719,  to  drive  Joncairtf  out  of  their  country;  but  his  en- 
deavours were  IVuiilcfs*. 

The  jclljit  Charlevoix  docs  honour  to  mr.  Bumct^  in  de- 
claring that  ht  ].;  ft  no  IVonc  unturned,  to  defeat  the  French 
dcfi^is  at  Niagai-a.  ^  or  is  it  nuich  to  be  wondered  at.  For 
befides  fuj:n]antinn;  his  favourite  trade  at  Ofwego,  it  tended 
to  the  defect: rn  of  the  iive  nations  ;  and  in  cafe  of  a  rup- 
ture, cxpoleG  tiiC  frontiers  of  our  fouthei  n  colonics  to  the 
ravages  of  the  h  I'cnch  and  their  allies.  Mr.  J3urnet,  upon 
^vIlbm  rhcfc  coiiliderations  r.inde  the  dcepell  iniprcllion, 
laid  the  matter  before  the  iioufV — renionit  a:ed  againft  the 
proceedm^s  to  Lo;;[;uicl  in  Canada — wrote  lo  the  niinifkry 
in  Enffiand,  wiio  complained  of  them  to  the  French  court 
— and  met  the  conlederates  at  Albany,  cnrleavouring  ro 
ronvir.ce  thein  '>('  the  danc;'^r  they,  themfeh  s,  vould  be 
in,  from  an  afpirinc;,  ambitiour,  nei[dibour.  lie  fpoke  firlt 
about  thcafl'jir,  ])riNatcIy  to  the  fachems,  and  iftcrwards,  in 
the  public  conference,  informed  tliem  of  all  :iie  encroach- 
ments which  the  Frciicli  had  n.ade  upon  the  ir  lathers,  and 
the  ill  iifaiJC  they  had  met  with,  according  to  la  Poiherie'f 
account,  publifiied  witii  the  privilc^^rc  of  the  French  king, 
at  Paris,  in  1722.  He  then  reminded  them  of  the  kind  treat- 
ment they  had  received  from  tlie  Knglifh,  ho  conPanilj 
fed  and  cloathed  tiiem,  ar.d  never  attempted  any  a<5t  of 
holUlities  to  their  prejudice.  This  fpcecii  was  extremely 
well  drawn,  the  thoughts  being  conceived  in  flrong  figures, 
particularly  expreflive  and  agiceable  to  the  Indians.  The 
govemor  required  an  explicit  declaration  of  their  fentii" 
ments,  concerning  the  French  ti-anfd(ftions  at  Niagara;  and 
their  answer  was  truly  categorical.  "  We  fpeak  now  in  the 
n^me  of  all  the  fix  nation  1,  and  con>e  to  you  howling.  This 
is  the  reafon  why  we  howl,  that  the  governor  of  Canada 
encroaches  on  our  land,  and  builds  thereon."  After  which 
they  inrrcated  him  to  write  to  the  king  for  fuccour.  Mr. 
Burnet  embraced  this  favot:rable  opparranity  to  procure 
from  them  a  deed,  furrende  ing  their  country  to  his  majcf- 
ty,  to  be  protected  for  their  iife,  and  confirming  their 
grant  in  17^1,  concerning  which  there  v.  as  only  an  entry  in 


*  The  fame  thing  has  fmce  been  frequently  laboured, 
but  to  no  parpcfe.  Kis  fon  coiitinued  the  courfe  of  intrigues 
heg^un  by  the  father,  till  general  Shirley,  w^hile  he  was  at 
Onvego  in  1755,  prevailed  upon  the  Senecas  to  order  hiin 
to  Canada. 


6  V  NPiW-YORK. 


t»7 


the  books  of  the  {ecrst£iry  for  Indian  affairs*.,  It  happened 
very  unfortunately,  that  his  excellency's  hands  were  theii 
more  weakened  than  ever,  by  the  growing  difaffediion  in 
the  hou^e.  The  intrigues  of  his  adveriarics,  and  the  fre- 
quent deaths  of  the  members,  had  introduced  fuch  a 
change  in  the  aflembly,  thaL  it  was  with  difiiculty  he  pro- 
cured a  three  years  fapport.  The  clamours  of  thd  people 
i^an  ib  high  without  doors  for  a  new  election,  that  he  was 
obliged  ro  diflblve  the  houfe,  and  foon  after  another  diflb- 
lution  enfucd  on  the  death  of  the  king.  The  French,  in  the 
mean  time,  completed  their  works  at  Niagara:  and  nir.  Bur^ 
net,  who  was  unable  to  do  any  thing  elle,  erected  a  fort,  in 
1727,  for  the  protec^tion  of  the  polt  and  tiade  at  Clwego. 
This  neceflary  undertaking  was  pregnant  with  tlie  moiV  im- 
portant confequences,  not  only  to  this,  but  all  our  colonies  ; 
and  though  the  governor's  feafonable  activity  defci-\ed  the 
higheit  teilimonials  of  our  gratitude,  I  am  alhamed  to  con- 
fers, what  I  am  bound  to  relate,  that  he  built  the  fort  at  his 
private  expenfe,  and  that  a  balance  of  about  56I.  principal, 
though  frequently  demanded,  remains  due  to  his  eflate  to 
tliis  very  day. 

Beanharnois,  the  governor  of  Canada,  who  fuperfeded 
Longuiel,  was  fo  incenfed  at  the  building  of  the  fort,  that 
lie  fent  a  written  lummons  in  July,  to  the  officer  pofted 
thei  e,  to  abandon  it ;  and  though  his  predcceflbr  liad  done 
the  fame,  a  little  before,  at  Miagara,  in  the  country  of  the 
Senecas,  the  acknowledged  fubjedls  of  the  Britilli  crov/nf 


*  Befides  the  territories  at  the  well  end  of  lake  Erie, 
and  on  the  north  fide  of  that,  and  the  lake  Ontario,  which 
were  ceded  in  1701  ;  the  Indians  now  granted,  for  the  fame 
pari3ofe,  all  their  habitations  from  Ofwego  to  Cayahoga 
river,  wiiich  difembogues  into  lake  Erie,  and  the  country 
extending  fixry  miles  from  the  Ibathermoft  banks  of  thofe 
lakes.  Though  the  firft  furrender,  through  negligence,  was 
not  made  by  the  execution  of  a  formal  deed  under  feal ; 
yet  as  it  was  tranla(fled  with  all  the  fblem.nity  of  a  treaty, 
and  as  the  fecond  furrender  confirms  the  firft,  no  intermecli- 
ate  pofleflion  by  the  French,  can  x^rejudice  the  Britifli  title 
derived  by  the  ceflion  in  1701. 

f  Though  the  fovereignty  over  the  five  nations  was 
ceded  to  Great  Britain^  and  Charlevoix  hlmfelf  had  ac- 
knowledged that  Niagara  was  part  of  their  country,  yet 
the^  pious  jefuit  applarids  the  French  fettlement  there, 
which  was  fo  manifvlii  aii  infra(ition  of  the  treaty  of 


f  li  E  HISTORY 


jcty  with  a  finjrular  efrix>ntery,  he  difpatched  de  la  Chaf- 

fdicme,  a  man  of  j>arts,  and  ji;ovemor  of  Trois  Rivieres,  to 
"New  Yoik,  wiLh  the  (^ror.aeii  complaints  to  mr.  Buniet 
\\]H)n  thai  head.  His  erccellei^cy  fent  him  a  polite,  but  rc- 
foliite  anAver,  on  the  eighth  of  Augull ;  in  which  he  re- 
•futed  the  ar<rmnents  urjred  by  the  French  governor  gene- 
ral ;  aird  rc.aondrated  againit  the  proceedings  of  the  laft 
year  at  Niagara. 

Tiic  new  ailembly  met  in  September  1727,  and  confided 
of  members  all  ill  aifec^ted  to  the  jirovenior.  The  ]onv 
co!itinuaMce  of  the  lall,  the  clamours  which  were  excited 
by  feveral  late  imj^ortant  rlccrecs  in  chancery,  the  affair  of 
the  French  ciiurch,  and  cfnecially  the  prohibiting  the  Cana- 
da trade,  were  the  canfes,  to  which  the  lofs  of  his  intereft 
is  to  be  afcribed.  Mr.  Fhili])re,  the  fpcakcr,  was  piqued  at 
a  decree  in  chancery  againft  himfclf,  which  very  much 
affected  his  eftate  ;  no  wonder,  then,  that  the  members, 
who  were  veiy  much  influenced  by  him,  came,  on  the  2$th 
of  November,  into  the  following  refolutions.  Colonel  Hicks, 
from  the  committee  of  grievances,  reported,  That  as 
well  by  the  complaints  of  feveral  people,  as  by  the  general 
rry  of  his  majelty's  fubjec^is  inhabiting  this  colony,  they 
fuid  that  the  court  of  chancery,  as  lately  alfumed  to  be  fct 
tip  here,  renders  tiie  liberties  and  properties  of  the  faid  fub- 
jecHiS  extremely  precarious ;  and  that  by  the  violent  mea- 
flires  taken  in,  and  allo^ved  by  it,  fome  have  been  ruined, 
others  obliged  to  abandon  the  colony,  and  many  reftrained 
in  it,  either  by  iniprifonment  or  by  exccflive  Imil  exacted 
from  them  not  to  depart,  even  when  no  manner  of  fuits  are 
depending  againft  them  :  and  therefore  are  of  opinion. 


Utrecht.  Themarquis  de  NonviHe,  in  his  letter  to  the  court 
of  France,  in  16S6,  propofed  the  erccftion  of  a  fort  there,  to 
fecu -e  the  communication  with  the  lakes,  and  deprive  us  of 
a  trade  which  he  computed  to  be  worth  400,000  francs  per 
an  .um.  Ciiarlevoix,  perhaps,  confidered  tiiefc  advantages 
fufficici^t  to  juftify  the  violation  of  public  faith  ;  reafoning 
upon  the  principles  of  le  chevalier  de  Callieres,  who 
thought  the  legality  of  making  a  conqueft  of  New  York, 
during  the  ftridi  peace  in  James  lid's  reign,  might  be  infet- 
rcd  from  th^  benefit,  that  woidd,  thereby,  accrue  to  the 
French  colony,  qu*  tl  71' y  avoit prj?it  autre  v^.ys  pour  coit- 
Jer-jer  la  coknie,  que  de  nous  rendrc  maitres  de  la  Notcvelle 
Tork  ;  et  ^us  cette  con  a  v  it:  cto'it  legithnc  par  U  n:c:JI:t(.'\ 


O  F   N  E  W-Y  O  KK. 


;jthat  the  extraordinary  proceedings  of  that  court,  and  the 
J- exorbitant  fees  and  charges,  countenanced  to  be  exacted 
V  hy  the  officers  and  pratftitioners  thereof,  are  the  greateft 
'  grievance  and  oppreflion  this  colony  hath  ever  felt:  and 
..that  for  removing  the  fatal  confequences  thereof,  they  had 
come  to  fcveral  refolutions,  which  being  read,  were  ap- 
proved  by  the  houfe,  and  are  as  follow  : 

"  Refolved,  that  the  erecting  or  exercihng,  in  this  colo-  ' 
ny,  a  court  of  equity  or  chancery  (however  it  maybe  term- 
.^fd)  without  conient  in  general  aflembly,  is  unwarrantable, 
and  contrary  to  the  laws  of  England,  and  a  manifeil  op- 
preflion and  grievance  to  the  fubjec^s,  and  of  pernicious 
confequence  to  their  liberties  and  properties. 

Pccfolved,  that  this  houfe  will  at  their  next  meeting 
prepare  and  pafs  an  aA  to  declare  and  adjudge  all  orders, 
■  ordinances,  devices,  and  proceedings,  of  the  court,  fo  af- 
;  fumed  to  be  erected  and  exercifed  as  abovementioned, ,  to 
*i  be  illegal,  null,  and  void,  as  by  law  and  right  they  ought 
to  be. 

"  Refolved,  that  this  houfe,  at  the  fame  time,  will  take 
into  confideration,  whether  it  be  neceflary,  to  eitablifh  a 
court  of  equity  or  chancery,  in  this  colony  ;  in  whom  the 
jurifditftion  thereof  ought  to  be  vefted ;  and  how  far  the 
powers  of  it  lhall  be  prefcribed  and  limited." 

Mr.  Burnet  no  fooner  heard  of  thefe  votes,  than  he  cal- 
led the  members  before  him,  and  diflblved  the  aflcmbly. 
They  occahoned,  however,  an  ordinance  in  the  fpring  fol- 
lowing, as  well  to  remedy  fundry  abufes  in  the  practice  in 
chancery,  as  to  reduce  the  fees  of  that  court,  which,  on 
account  of  the  popular  clamours,  were  fomuch  dlminiflied, 
that  the  wheels  of  the  chancery  have  ever  fince  nifted  upo!i 
their  axes,  the  pracftice  being  coiitemned  by  all  gentlemen 
of  eminence  in  the  profeffion. 

We  are  now  come  to  the  ciofe  of  mr.  Bumiet's  admini- 
llration,  when  he  was  appointed  to  the  chief  command  of 
the  Mallachufett's  bay.  Though  we  never  had  a  governor,  to 
whom  the  colony  is  fo  much  indebted  as  to  him  ;  yet  the 
influence  of  a  faction,  in  the  judgment  of  fome,  rendered 
his  removal  neceflary  for  the  public  tranquillity.  Infenfible 
of  his  merit,  the  undiftinguifhing  multitude  were  taught  to 
confider  it  as  a  moil  fortunate  event;  and  till  the  ambiti- 
ous defigns  of  the  French  king,  with  refped:  to  Afnet  lcsi, 
awakened  our  attention  to  the  general  welfare,  mr.  Bur- 
net's ad minift ration  was  as  little  elleemed,  as  that  of  the 
meanefl:  of  his  predeccflbrs.  / 

He  was  very  fond  of  New-York,  and  left  it  with  rejus- 

2  B 


THE  HISTOKV 


tancc.  HU  marriage  here  coni'ed:ed  him  with  a  numerous 
family  ;  and,  befidcs  an  uiiiverfal  acquaintance,  there  were 
fome  gentlemen,  with  whom  uc  coniractetla  Itridt  intimacy 
and  fVienvlitiip. 

riif  e-.  i:;dwe  love  of  money^  a  difeafe  common  to  all  hii 
prcdeceiiors,  and  to  Ibme  Wi»o  fucceeded  him,  was  a  vice, 
fVom  which  lie  wiis  entirely  ree.  He  Ibid  no  offices,  nor  at- 
tempted to  raifc  a  fo .tanc  by  indirect  means  ;  for  he  lived 
gCiieroully,  and  carried  fcarce  any  thing  away  wiih  him, 
hut  his  books.  Thclc,  and  the  converfation  of  men  of  let- 
ters, were  to  him  hicxhaultible  foarces  of  dclij^ht.  Hisalb'o- 
nomical  obfl*rvations  have  been  ufeful ;  but  by  his  comment 
on  the  apocalyplc,  he  expofed  himfelf,  as  other  learned 
men  have  before  him,  to  the  criticiiins  of  thofe  who  have 
not  abilities  to  write  half  fo  well. 

Johti  Monriromerie,  cfq.  received  the  great  feal  of  this 
p'-oviuce  from  mr.  Burnet,  on  the  15th  of  April  1728, 
having  a  commiliion  to  liiperfcde  him  iiere  and  iiiNevr- 
Jcrfcy.  The  council  board  conlifted  of 


Mr.  Walters,  Mr.  Alexarier, 

Mr.  Van  Dam,  Mr.  Morris,  jun. 

Mr.  Barbarie,  Mr.  Van  Home, 

Mr.  Clarke,  Mr.  Provooft, 

Mr.  Hariibn,  Mr.  Livinglton, 

Dr.  Colden,  Mr.  Kennedy. 

The  governor  was  a  Scotch  gentleman,  and  bred  a  fol- 
*lier,  but,  in  the  latter  part  of  his  life,  he  had  little  con- 
cern with  anns,  having  ferved  as  groom  of  the  bedcham- 
ber, to  his  prefenr  majefty,  before  his  accefiion  to  the 
throne.  Thh  flation,  and  a  feat  he  liad  in  parliament,  pa- 
ved t}ie  way  to  his  preferment  in  America.  In  his  talenti 
for  government,  he  was  much  inferior  to  his  predecellbr ; 
for  he  had  neither  ftrength  nor  acutenefs  of  parts,  and 
was  but  little  acquainted  with  any  kind  of  literature. 

As  in  the  natu:  al,  fo  in  the  political  world,  a  violent 
ftorm  is  often  immediately  fucceeded  by  a  peaceful  calm; 
tired  by  the  mutual  flruggle?  of  party  rage,  every  man  now 
cealbd  to  acTc  under  its  influence.  The  governor's  good 
humour,  too,  exriiigiUihed  the  flames  of  contention ;  for 
being  unable  ro  plan,  he  had  no  particular  fcheme  to  pur- 
fue  ;  and  thus  by  confining  hlmfelf  to  the  exercife  of  the 
common  acTis  of  government,  our  public  affairs  flowed  on 
in  a  peaceful,  uninterrupted  ftreani. 

Tiie  reader  v»ill,  for  this  reafon,  find  none  of  tliofe 


O  F   N  E  W-Y  O  K  K. 


191 


leyents  in  col.  Montgomene's  fhort  adminiftratlon,  which 
only  take  rife  under  the  fuperintendency  of  a  man  of  cx- 
tenfive  views.  Indeed,  he  devoted  himlelf  fo  much  to  his 
/eafe,  that  he  has  fcarce  left  us  any  thing  to  perpetuate  the 
remembrance  of  his  time. 

The  two  rocks  upon  which  the  public  tranquillity  was 
fliipwrecked  in  the  late  adminiftration,  he  carefully  avoid- 
ed ;  for  he  diflblved  the  aflembly,  called  by  his  predecef- 
for,  before  they  had  ever  been  convened  :  and  as  to  the  chan- 
cery, he  himfelf  countenanced  the  clamours  a<:ainft  it,  by 
declining  to  fit,  till  enjoined  to  exercife  the  office  of  chan- 
cellor by  fpecial  orders  fiom  England.  He  then  obeyed 
the  command,  but  not  without  difcovering  his  reluctance, 
and  modciVly  confeffing  to  the  pradliferSj^that  he  thought 
himfelf  unqualified  for  the  ilation.  Indeed  the  court  of 
chancery  was  evidently  his  aveifion,  and  he  never  gave  a 
fingle  decree  in  it,  nor  more  than  three  orders  ;  ana  thefe, 
both  as  to  matter  and  form,  were  firft  fetiled  hy  the  coun- 
cil concerned. 

Mr.  Philipfe  was  chofen  fpeaker  of  the  affembly  which 
met  on  the  23d  of  July,  and  continued  fitting  in  perfect 
harmony  till  autumn.  After  his  excellency  had  procured  a 
five  years  fupport,  and  fevcral  other  laws  to  hjs  mind,  of 
lefs  confiderable  moment ;  he  went  up  to  Albany,  and,  on 
the  I  ft  of  October,  held  a  treaty  with  the  fix  nations,  for 
a  renewal  of  the  i.:icient  covenant.  He  gave  them  great 
prcfents,  and  engaged  them  in  the  defence  of  Ofwego. 
Nothing  could  be  more  feafonable  than  this  interview  ;  for 
the  French,  who  eyed  that  important  gan  ifon,  and  our  in- 
creafing  trade  there,  with  the  mofl  reftlefs  jealoufy,  pre- 
pared, early  in  the  fpring  following,  to  demolifh  the 
works.  Governor  Burnet  gave  the  firft  Intelligence  of  this 
defign,  in  a  letter  to  colonel  Montgomerie,  dated  at  Bofton 
the  q  I  ft  of  March  1729.  The  gan'ifbn  was  the*  eupon  im- 
mediately reinforced  by  a  detachment  fi  om  the  indepen- 
dent companies  ;  which,  together  with  the  declared  refo- 
Jution  of  the  Indians,  to  protedt  the  fort,  induced  the 
French  to  defift  from  the  intended  invafion*. 


*  From  that  time,  to  the  year  T754,  this  garrlfon  was 
guarded  only  by  a  lieutenant  and  five  and  twenty  men.  Ge- 
neral Shirley's  parting  from  the  forces  deftined  againft 
fort  du  Quefne,  and  proceeding  v  ith  half  the  army  to  Of- 
wego in  1755,  was  extremely  fortunate  to  our  colonies; 
^he  French  bein^  then  determined  and  prepared  to  poC 


THE  HISTORY 


Thus  far  our  Indian  affairs  appeared  to  be  under  a  tole- 
rable direction  ;  but  thele  fair  profpe<fts  were  foon  oblcui- 
cdby  the  kin<r's  repealing,  on  the  i  ith  of  December,  1729, 
all  the  acts  which  mr.  Burnet,  with  fo  much  labour  and 
oppofition,  procured  for  the  prohibition  of  an  execrable 
trade  between  Albany  and  Montreal.  To  whofe  intrigues 
this  event  is  to  be  afcribed,  cannot  be  certainly  determined. 
Jiut  that  it  was  presjnant  with  the  worll  confccjucnces,  time 
has  fuflicicntly  evinced.  Koihinp;  could  more  naturally 
tend  to  undermine  the  trade  -.it  Ofwego,  to  advance  the 
French  commerce,  at  Niagara,  to  alienate  the  Indians  from 
their  fideliry  to  Gi  eat  Britain,  and  particularly  to  rivet  the 
defection  of  the  Caghnua^as.  For  thefe,  redding  on  the 
fouth  fide  of  St.  Lawrence,  nearly  oppofitc  Montreal,  were 
employed  by  the  Frencli  as  their  carriers  ;  and  thus  became 
inicrefted  agaiuit  us,  by  motives  of  the  nioft  prevailing  na- 
ture. One  would  imagine,  that  after  all  the  attention  be- 
ftowcd  on  tins  aflfair  in  the  late  adminiflration,  the  objec- 
tions agaiuit  this  trading  intercourfe  with  Canada,  mull 
have  been  ob\ious  to  the  meancft  capacity  ;  and  yet,  fo  af- 
toniihing  has  been  our  conduct,  that  from  the  time  mr. 
Burnet  removed  to  Bofton,  it  has  rather  been"  encouraged 
than  relb  ained.  This  trade,  indeed,  was  fubjet^t  to  duties  ; 
bu*^  that  ai.  Ofwego  always  was,  and  ftill  is,  expofed  to  the 
Tame  incumbrance  ;  while  tlie  French  trade,  in  the  interval 
between  the  years  1744  and  1750,  was  perfectly  free  :  and 
ns  the  duty,  by  the  law  then  made,  is  laid  only  on  goods 
fold  in  the  city  and  county  of  Albany,  the  trader,  to  elude 
the  aci,  is  only  expofed  to  tlie  trouble  of  tranfporting  his 
merchandifc,  beyond  the  fcant  dili:rict  of  the  city,  afcer- 
tained  in  the  charter.  But  how  much  focver  our  inattention 
to  this  matter  may  deferve  ccnfurc,  I  cannot,  in  jullice  to 
my  countrymen,  help  obferving,  that  from  the  fevereft 
fcrutiny  I  could  make,  our  people  are  free  from  the  charge 
of  felling  ammunition  to  the  French,  which  has  fo  unjuftly 


fefs  tliemfelves  of  tliat  poll.  Befides  the  vefTels  launched 
there,  to  fecure  the  command  of  the  lake,  the  general,  be- 
fore he  returned  to  winter  quarters,  erecled  two  ftrong 
fquare  forts,  with  baftions,  commanding  as  well  the  en- 
trance into  the  Onondaga  river,  as  the  old  fort ;  in  the  fi- 
tuation  of  which,  little  regard  was  had  to  any  thing  bef.des 
the  pleafantnefs  of  the  prolpect. 


O  F   N  E  W-Y  O  R  K. 


expofecl  the  inhabitants  of  Albany,  to  the  odinm  of  all  the 
colonies  in  New  England*. 

The  year  1731  was  diftingiiifhed,  only  by  the  complete 
fettlement  of  the  difputed  boundary  between  this  province 
and  the  colony  of  Connecfcicnr.  An  event,  confidei  ing  the 
late  colonizing  fpirit,  and  CKteniive  claims  of  the  people  of 
New  England,  of  no  fmall  importance,  and  concerning 
which  it  may  be  proper  to  give  a  fuccincl  account. 

The  partition  line  agreed  upon  in  1664,  being  confider- 
ed  as  fraudulent,  or  erroneous  ;  a  fecond  agreement,  ful- 
pended  only  for  the  kind's  and  the  duke's  approbation,  was 
concluded  on  the  23d  of  November,  1683,  between  colonel 
Dongan  and  his  council,  and  Robert  Trent,  elq.  then  go- 
vernor of  Connecticut,  and  leveral  otlier  commilHoiiers  ap- 
pointed by  that  colony.  The  line  of  partition,  then  agreed 
to  be  eftabliflied,  was  to  begin  at  the  mouth  of  Byram  brcok^ 

Where  it  falleth  into  the  found,  at  apomt  called  Lyon's 
point,  to  go  as  the  faid  river  runneth,  to  the  place  where 
the  common  road,  or  wading  place,  over  the  faid  river 
is;  and  from  the  faid  road,  or  wading  place,  to  go  north 
north  weft  into  the  country,  as  far  as  will  be  eight  Englifh 
miles  from  the  forcfaid  Lyon's  Point ;  and  that  a  line  6f 
twelve  miles,  being  meafured  from  the  laid  Lyon's  point,  ac- 
cording to  tlielinc  or  general  courfe  of  the  Ibund  eaitward: 
where  the  faid  twel':e  miles  endeth,  another  line  (hall  be 
run  from  the  found,  eight  miles  into  the  country,  north 
north-weft ;  and  alfo,  that  a  fourth  line  be  run  (that  is  to 
fay)  from  the  northermolt  end  of  the  eight  miles  line,  be- 
ing the  third  mentioned  line,  which  fourth  line,  with  the 
firft  mentioned  line,  fhall  be  the  bounds  where  they  fhall 
fall  to  run ;  and  that  from  the  eaftermolt  end  of  the  fourth 
mentioned  line  (which  is  to  be  twelve  miles  in  length)  a 
line  parallel  to  Hudfon's  river,  in  every  place  twenty 
miles  dillant  from  Hudfon's  river,  fliall  be  the  bo Jinds  there, 
between  the  laid  territories  or  province  of  New-York,  and 
the  faid  colony  of  Connedricut,  fo  far  as  Connccfticut  colo- 
ny doth  extend  northwards ;  that  is,  to  the  fouth  line  of 
the  Maflachufetts  colony  :  only  it  is  provided,  that  in  cafe 
the  line  from  Byram  brook's  mouth,  north  north- weft  eight 
miles,  and  the  line,  that  is  then  to  run  twelve  miles  to  the 


*  Ever  fince  the  year  1729,  the  fale  of  iirms  andammuni* 
tion  to  the  French,  has  been  exempt  both  from  duties  and  a 
prohibition  ;  whi:h  I  attribute  to  the  confidence  of  the  go- 
vernment, that  the  calumny  is  entirely  groundlefs^ 


194 


THE  HISTORY 


eiia  of  the  third  forc-nieutioned  line  of  eight  miles,  do  di- 
luiiiifh  or  take  away  land,  wjihiii  twenty  miles  of  luidfoii'B 
river,  that  then  fo  much  as  is  in  land  diminiflicd  of  twenty 
miles  of  Hadfon's  river  thereby,  fiiall  be  ud  Jed  out  of  Con- 
ne(rticut  bounds  unto  the  line  alo'-cincntioncd,  parallel  to 
Hudfon's  river,  and  twenty  miles  diflant  from  it ;  the  ad- 
dition to  be  made  the  whole  length  of  the  fiid  parallel 
line,  and  in  fach  breadth,  a>  will  make  up,  qoaniiry  for 
quantity,  what  fiudl      diminlHicd  as  aforefaid." 

FiiriUunt  to  this  arr.  ccnient,  fome  of  the  lines  were  ac- 
lually  run  out,  a:jd  a  rcjjort  made  of  the  fr.rvey,  which,  ou 
the  24th  of  Kebn.a.y  1684,  was  confirmed  by  the  governor 
/>f  each  colony,  at  Miiford  in  Connecticut.  Here  the  matter 
j-eiled,  till  a  difputc  arofe  toncennng  tlic  right  of  jurif- 
di(ftion  over  the  towns  of  Rye  and  Bedford,  which  occa- 
Tioned  a  felicitation  at  home  ;  and  on  the  2^th  of  March 
1700,  king  William  w  as  pleafed  to  confirm  the  agreement 
in  16S.';. 

Nineteen  years  afrerwards,  a  prolxitio^ary  adl  was  pafled, 
empowering  the  govemor  to  appoint  commiflioiiers,  as 
■well  to  run  the  line  parallel  to  Hiid Ton's  river,  as  to  re- 
fur\cy  the  other  lines,  and  difUnzuilli  the  boundary.  The 
Connecticut  agent  oppofed  the  king's  cojifirmat  ion  of  thjs 
act,  ioijs  viribus  ;  but  it  wasr.ppioved  on  the  2"d  of  Janu- 
ary 172  3.  Two  years  after,  the  commifiioners  and  furveyors 
of  both  colonies  met  at  Grecnwicii,  and  entered  firfl  in- 
to an  agreement,  relating  to  the  mctliod  of  perforndng  the 
work. 

The  furvey  was  immediarely  af^er  executed  in  pait,  the 
report  being  dated  on  the  12th  of  May  1725;  hut  the  com- 
plete fen  lement  was  not  made  till  the  14th  of  May  17;!, 
when  indentures,  certifying  the  execution  of  the  agreement 
in  1725,  were  mutually  figned  by  the  commifiioners  and 
farveyors  of  both  colonies.  Upon  the  eftablifiiment  of  thig 
partition,  a  tract  of  land,  lying  on  tiie  Connccticnt  fide, 
ronfifting  of  :  bove  6o,odo  acres,  from  its  fig'jre  called  the 
Oblong,  was  ceded  to  New-York,  as  an  equivalent  for  lands 
ne^-r  the  found,  furrendered  to  Conncclicut*. 

The  very  day  afier  the  furrcndcr,  made  by  that  colony, 
a  patent  palled  in  London  to  fir  ]ofeph  Eyles  and  others,  in- 
tended to  convey  the  whole  Oblong.  A  grant,  pofterior  to 
■die  other,  was  alfo  regularly  made  here,  to  Hauley  and 


*  See  DoHgki5*s  late  plan  of  the  Britilh  dominions  pf 
New  England. 


OF   N  E  W  .  Y  G  K  K„ 


company,  of  the  gr-eateft  part  of  the  fame  trade,  Vvliich  the' 
Britilh  pateiii-ees  bioughtabill  in  chancery  to  rex>v.fil.  But 
the  defendants  filed  an  ci.xfvver,  coiuainhig  fo  many  objec- 
tions a^aiiifc  the  Kngliih  patent,  that  the  iuit  rei.iains  Itill 
unproll^cuted ;  and  the  /Vnieiican  proprietors  have  ever 
lince  held  che  poiieilion.  Mr.  Kariibn,  of  the  council,  fo- 
licited  this  contvoverfy  for  lir  Jof-ph  hylcs  and  his  part- 
ners, which  contributed,  in  a  great  decree,  to  the  troubles, 
fb  remarkable,  in  a  facceeding  adminiftration. 

Governor  ^'ontgomerie  died  on  the  ift  of  July  17"!  ; 
and  beiii^  a  man  of  a  kind  and  hum::ne  dilpofidon,his  death 
was  not  a  little  lamenicd.  TL  j  -h::f  ccinmand  then  devolv- 
ed upon  Rip  Van  Dam,  eft},  he  being  the  oldeii  coanfellor, 
and  an  eminent  merchant,  of  a  fair  edate,  thoi'.gh  diilin- 
guiflied  mare  for  the  integrity  of  his  heart,  than  his  capa- 
city to  hold  tlic  reins  of  government.  He  took  the  oaths 
before 

Mr.  Alexander,  Mr.  de  Lanceyf ,  and 

IVlr.  Van  Korne,  Mr.  Courtlan'dt. 

Mr.  Kennedy, 

This  adminillration  is  unfortunately  fignalizedby  the 
memorable  encroachment  at  Crown  Point.  An  enemy  def- 
pifed  at  firlt  for  his  weaknefs,  generally  grows  formidable 
for  his  acftivity  and  aft.  This  obfervation  is  true,  applied 
to  private  periv^ns,  religious  feels,  or  public  ftates.  The 
French,  in  Canada,  have  always  been  jealous  of  the  in- 
creafing  ilrei  gth  of  our  colonies  ;  and  a  motive  of  fear  led 
them,  naturally,  to  concert  a  regular  lyftein  of  conduct  for 
their  defence.  Confining  us  to  fcant  limits  along  the  lea  coali, 
is  the  gr^  iid  objec^tthey  have  long  had  in  view  ;  and  leiz- 
ing  the  ',aiportautpalies  from  Canada  lo  Louifanin,  feducir.g 
our  Imhan  allies,  engroffing  the  trade,  and  fortli^ing  the 
routes  into  their  country,  were  all  proper  expedients  to- 
v/ards  the  execution  of  their  plan.  By  ereiiling  fort  St.  Fre- 
deric, they  fecured  the  abfolute  command  of  lake  Cham- 
plain,  through  which  we  muft  pafs,  if  ever  a  defcent  be 
made  upon  Canada,  either  to  conquer  the  country,  or  har- 
rafs  its  out-fettlements.  The  garrifon  w  as,  at  hill,  iituated 


This  gentleman,  being  a  youth  of  fine  parts,  was  called 
up  to  the  council  board  on  the  26th  of  January  1729,  juft 
after  his  return  from  the  univerfity.  Mr.  Morris,  jun.  was 
fafpended  on  the  fame  day,  for  words  dropped  in  a  difpute 
relating  to  the  governor's  drafts  upv>n  tlie  revenue. 


THE  HISTORY 


on  the  caft  fide  of  the  lake,  near  the  fouth  end ;  but 

afterwards  built  upon  a  commodious  point,  on  the  oppolite 
iidc.  Of  all  their  infradtions  of  the  treaty  of  Utrecht,  none 
was  more  palpal  Ic  than  this.  The  country  belonged  to  the 
fix  nations  :  and  the  very  fpot,  upcni  ^vhich  the  iort  (lands, 
is  incLulcJwiLinn  a  patent  to  Dellius  the  Dutch  miniller  of 
Albany,  jrianted  under  the  2;T-eat  feal  of  this  province  in 
1696.  bclides,  noihing  could  be  more  evident  than  the 
da  »gcr  to  which  it  expofed  us.  Througli  this  lake  the 
French  parties  nia  iheir  ancient  bloody  incurhons  upon 
Schenectady,  the  Mohawks'  callles,  and  l^eerfield  ;  and  the 
eredion  of  this  fort  was  apparently  adapted,  to  ficilitate 
file  inroads  of  the  enemy,  upon  the  frontiers  of  the  colo- 
nies of  New-York,  T^lailachufects bay,  and  New  rampiJiire  ; 
for  it  icrved  nor  only  as  an  alylum  10  fiy  to,  after  the  per- 
petration of  tlieir  inhumanities,  but  for  a  magazine  of  pro- 
vifions  and  ammuni:ion  ;  and  though  it  was  mucli  aU)ve  120 
nfdes  from  tVie  very  ciiy  of  Albany,  yet  by  the  conveyance 
tluough  Sorcl  river  and  the  lake,  it  may  be  reinforced  from 
Ivlonn  eal  in  three  or  four  days*. 

Tiie  Madachufetts  government  forefaw  the  dangerous 
confcquences  of  the  French  for:  at  Crown  Point,  and  gover- 
nor ikkhcr  gave  us  the  firft  information  of  it,  in  a  letter 
from  Bofton  to  mr.  Van  Dam.  He  informed  him  of  tlie  vote 
of  the  general  court,  to  bear  their  proportion  of  the  cliarge 
of  an  embaflage  to  Canada,  to  forbid  the  v^  orks,  and  prell^ 
ed  him  to  engage  the  oppofition  of  the  fix  nations.  Van 
Dam  laid  the  letter  before  his  council,  on  the  4Lh  of  Febru- 
ary 17^2;  who,  with  fingular  calmnefs,  advifed  him  to 
write  to  the  commiliioners  of  Indian  affairs,  at  Albany,  or- 
dering them  to  enquire,  whether  the  land  belonged  to  the 
confederates  or  the  river  Indians.  That  mr.  V  an  Dam  ever 
wrote  to  the  commiliioners,  I  have  not  been  able  to  difcover  ; 
nor  whether  any  complaint  of  the  encroachment  was  fent 
home,  according  to  the  fecond  advice  of  council,  on  the  nth 


*  The  prefent  fort  at  Crown  Point  is  faid  to  be  a  fquare 
with  four  baftions,  and  a  high  caftle  within  the  walls.  It 
has  no  ditch_,  but  is  ftrengthened  by  a  redoubt,  and  mounts 
lix  and  thirty  fmall  cannon.  While  the  colony  forces,  con- 
fiftingof  about  4000  militia,  lay  at  lake  George,  employ- 
ed in  erec'uing  fort  William  Henry,  in  1755,  the  French 
threw  up  an  advanced  work  at.  Ticonderoge,  near  the 
north-eaft  end  of  lake  Geor2;e  ;  impoi  tar.t  pats,  about  16 
miles  to  the  fouthward  of  fort  Frederic. 


OF  NEW-YORK. 


of  February  ;  who,  befides  the  firft  ftep,  were  now  pleafed 
to  recommend  his  tranfmitting  governor  Belcher's  letter 
and  the  Bofton  vote  to  the  feveral  fouth-weftem  colonies. 

The  paffivenefs  we  difcovered,  on  this  impudent  and 
dangerous  invafion  of  his  majeily's  rights,  is  truly  aftonifli- 
Ing ;  and  the  nlorefo,  as  the  crown  had,  at  that  tune,  four  in-- 
dependent  companies,  which  had  long  been  polled  here  for 
our  proreiflion,  at  the  annual  expenfe  of  about  7500I.  fter- 
^iPS-  A  ^c^y  good  fclieme,  in  fome  meafure,  to  repair  this 
fhameful  mifconducl;,  was  afterwards  projedted,  by  fettling 
the  lands  near  lak^  George,  with  loyal  proteftant  higlilan- 
ders  from  Scotland.  Captain  Laughlin  Campbel,  encourag- 
ed by  a  prociamatioji  to  that  purpofe,  carac  over  in  17^7^ 
^nd  .  ample  promi(es  were  made  to  him.  He  went  upon  the 
i^rrd,  viewed  and  approved  it  ;  and  was  in  treated  to  Icttlc 
there,  even  by  the  Indians,  who  were  taken  with  his  high- 
land drefs.  Mr.  Clarke,  the  lieutenant  governor,  promifed 
him,  in  a  printed  ad vertifement,  th6  grant  of  qo,ooo  acres  of 
land,  free  from  all  but  the  charges  of  the  furvey  and  the 
king's  quit-rent.  Confiding  on  the  faith  of  the  government, 
captain  Campbel  went  home  to  Ifla,  fold  his  eflate,  and, 
Ihortly  after,  tranfported,  at  his  own  expenfe,  89  proteftant 
families,  coiififting  of  42  ^  adults,  befides  a  gi-eat  number 
of  children.  Private  faith  and  public  honour  loudly  de- 
manded the  fair  exrcution  of  a  projeifl,  fo  expenfive  to  the 
Undertaker  and  beneficial  to  the  colony.  But  it  unfortu- 
iiately  dropped,  through  the  fordid  views  of  fome  perfons 
in  power,  who  aimed  at  a  fiiare  in  the  intended  grant  ;  to 
whicii  Campbel,  who  was  a  man  of  fjpirit,  would  not  con« 
lent. 

Captain  Campbel,  afterwards,  made  an  attempt  to  redrefs 
himfelf,  by  an  application  to  the  aflembly  here,  and  then  to 
the  board  of  trade  in  England.  The  firft  proved  abortive, 
and  fuch  were  the  difficulties  attending  the  laft,  that  he  left 
his  colonlfts  to  themfelves  ;  and  with  the  poor  remains  of 
his  broken  fortune  purchafed  a  final  1  farm  in  this  province. 
No  man  was  better  qualified  than  he,  for  the  buftnefs  he  had 
engaged  in.  He  had  a  high  fenfe  of  honour  and  a  good  un- 
derftanding  :  was  acftive,  loyal,  and  of  a  military  difpofi- 
tion.  For  upon  the  news  of  the  late  rebellion  in  Scotland, 
he  went  home,  fought  under  the  duke,  returned  to  his  fa- 
mily, and  foon  after  died  ;  leaving  a  widow  and  feverat 
children,  who  ftill  feel  the  confequences  of  his  difappoint- 
inents. 

Mr.  Van  Dam  finifhed  his  adminiftration,  on  the  ift  of 
2  C 


THE   HISTORY,  &c. 


Augaft  17^2;  y\hen  William  Cofljy,  efq.  arrived,  v,ithz 
cominiflion,  to  govern  this  and  the  province  ofNew-Jer- 
fey.  Tlie  hiltoryof  our  public  tranfaiitions,  from  this  pe- 
riod, to  tlie  prel'ent  time,  is  full  of  important  and  enter- 
taining events,  which  I  leave  otl\ers  to  relate.  A  very  near 
relation  to  the  author  had  fo  great  a  concern  in  the  public 
controverfies  with  colonel  Coiby,  that  ilie  hiltory  of  thofc 
times  will  be  better  received  from  a  more  difintercllcd  pen. 
To  fu])p:-el's  truth  on  the  one  hand,  or  exaggerate  it,  on  the 
other,  arc  both  inexcufable  faults,  and  perhaps  it  would  be 
difhcult  for  me  to  avoid  thofe  extremes.  Kefides,  a  writer, 
who  expofes  the  conduct  of  the  living,  will  inevitably  meet 
with  their  fury  and  refentment.  The  prudent  hiilorian  of 
liisomi  times  will  always  be  a  coward,  and  never  give  fire, 
till  death  protects  him  from  the  malice  and  Ilroke  of  his 
enemy. 


THE 


HISTORY  OF  NEW-YORK. 


PART  VI. 


C  H  A.  P  I. 


^geographical  defcnption  of  the  coutitry. 


THE  province  of  New-York,  at  prefent,  contains  Long- 
I{land,StatenIflpncl,and  thelanvls,onthecaftfide  of  Ilud- 
ft)n's  river,  to  the  bounds  of  Connecfticut.  From  the  divifion 
line  between  that  colony  and  the  Maflachufetts  bay,  north- 
ward, to  the  line  between  ns  and  the  French,we  claim  nn  ex- 
tent to  Connecfticut  river*.  On  the  weft  fide  of  Hudibn'sri- 


*  The  grounds  of  this  claim  are  contained  in  the  follow- 
ing report  of  a  committee  of  council,  to  governor  Clinton, 
on  the  2d  of  March  1 753,  which  was  drawn  up  by  mr.  Alex- 
ander. 

May  it  pleafe  your  excellency, 

In  obedience  to  yonr  excellency's  order,  in  council, 
of  the  :d  day  of  July  lafl,  referring  to  a  committee  there- 
of, the  petitions  of  Robert  Livingfton,  jun.  efq.  and  of  the 
owners  of  a  certain  tracH:  of  land  called  Weftenhook,  com- 
plaining of  new  claims  and  encroachments  made  upon  their 
lands  by  the  inhabitants  of  Maflachufetts  bay,  and  alfo  the 
furveyor  general's  and  the  attorney  general's  reports  on 
the  faid  two  petitions  :  tlie  coipmittee  having  maturely 


THE  HISTORY 


verfrom  the  fea  to  the  latitude  of  41  o  liesNcAvJcrfey.  The 
line  of  partition  bct\veen  that  province  and  this,  Irom  that 
latitude  10  the  other  Itaiion  on  Delaware,  isnnictilcd.  Krom 


weiohed  and  confidcred  of  the  fanie,  humbly  beg  leave  to 
report  lo  your  excellency  : 

ill,  That  they  apprehend  the  claims  of  Maflachufetts  bay 
to  rlie  manor  of  Livnigiton,  or  the  faid  tract  ol'lund,  call- 
ed Wcllcnhook,  cannot  be  wcW  founded  ;  becaule  they  find 
that  the  Duich  claimed  the  colony  of  New  Netherland,  as 
extending  from  cape  Cod  to  cape  Cornelius,  now  called  cape 
Henlopen,  wellward  of  Delaware  bay,  along  the  fea  coall, 
and  as  iur  back  into  the  country,  as  any  of  tlie  rivers  within, 
ihofe  limiis  extend  ;  and  that  ihcy  were  nciually  poflefled 
of  Connet'licnt  river,  long  before  any  other  Euro))ean  peo- 
ple knew  any  thing  of  the  cxiftcnce  of  fuch  a  river,  and 
were  not  only  polleiicd  of  the  mouth  of  it,  where  they  had 
a  fort  and  garrifon,  but  difcovered  the  river  above  an  hun- 
dred miles  up,  had  their  people  trading  there,  and  pur- 
chafed  ol'the  natives  almolt  all  the  lancls  on  l»oih  fides  of 
the  faid  river. 

2dly,  That  governor  StuyvcCinr,  the  Dutch  governor 
of  the  faid  province,  by  liis  letter,  dated  the  2d  of  Septem- 
ber 1664,  new  ftlle,  in  ai  fwcr  to  a  letter  from  governor 
ilichard  Nicolls,  of  the  |§  Augull  preceding,  demanding 
the  farrcndcr  of  all  the  t(  .  ts  and  places  of  firengih  poflefl- 
ed by  the  Dutch  under  his  (governor  Stuyvefant's)  com- 
irand,  writes  as  follows  : — Moreover  it's  without  difpute, 
and  acknowlcdg;ed  by  all  the  woi  Id,  that  our  predeceilbrs, 
by  virtue  of  the  commiiTion  and  patent  of  the  faid  loi  ds  the 
ftares  general,  have  without  controul,  and  peaceably  (the 
contrary  never  coming  to  our  knowledge)  enjoyed  fort 
Orange  about  48  or  50  years  ;  and  Manhattans  about  41  or 
42  years  ;  the  fouth  tiser  40  years,  and  the  frefli  river  a- 
bout  26  yea-  s."  Which  laft  mentioned  river,  the  committee 
fine!  to  be  the  fame,  tliat  is  now  called  Connecticut  river. 

^dly,  That  the  faid  Dutch  governor  Stuyvefant  did, 
in  the  year  1664,  fiirrender  all  the  country,  which  the 
Dutch  did  then  poflefs,  to  king  Charles  the  lecond,  and  that 
the  dates  general  made  a  celfion  thereof,  by  the  treaty  of 
Bi  eda,  in  the  year  1667  :  that  the  Dutch  re-conquered  part 
of  this  province  in  1675,  and  furrendered  and  abfolutely 
yielded  it  to  king  Charles  the  fecond,  in  1673-4,  by  the  trea- 
ty of  London  ;  and  that  in  the  year  1674,  king  Charts 
granted  to  the  duke  of  York,  all  the  land  betw  een  Coimcc- 


OF  NEW-YORK. 


201 


thepce,  "wherefoever  it  may  be  fixed,  we  claim  all  the  land$^ 
on  the  caft  fide  of  Delaware,  to  tlie north  line  of  Pennfyl- 
▼ania  ;  and  all  the  territory,  on  both  fides  of  ihe  Mohawks* 


ticut  river  and  Delaware  bay  ;  the  whole  of  thefe  lands  being 
part  of  the  former  colony  of  New  Netherland. 

4th,  That  the  duke  of  York,  in  his  feveral  commiffions 
to  major  Edmund  Androfs,  on  the  lit  of  July  1674,  and  to 
governor  Donjgan  on  the  30th  of  September  1682,  among 
other  defcriptions  of  the  boundaries  of  this  province,  men- 
tions all  the  land  from  the  weft  fide  of  ConneAicut  river 
to  the  eali  fide  of  Delaware  bay  :  that  their  majefties,  king 
William  and  cjueen  Mary,  by  their  commilfion,  bearing 
date  the  fourth  day  of  January,  in  the  firll  year  of  their  ma- 
jefties' reign,  appointed  Kem*y  Sloughter  to  be  governor  of 
the  province  of  New- York,  and  territories  depending  there- 
on ;  the  boundaries  w  hereof,  to  Connec^ticut  river,  on  the 
eaft,  were  notorious,  by  the  grant  and  other  commiffions  a- 
iforefaid,  and  many  other  grants  and  commiffions  relating  to 
the  fame. 

5th,  That  the  committtee  apprehend  Conne(5licut  river 
continued  the  ealt  bounds  of  this  province,  until  the  28th 
pf  March  1700,  when,  by  king  William's  confirmation  of 
an  agreement  bctvy^en  this  province  and  Cpnnetfticut,  the 
weftern  bounds  of  that  colony  were  fettled  at  twenty  miles 
from  Hudfon's  river :  and  they  cannot  find  any  other  altera- 
tion in  the  eaftern  bounds  of  this  province,  and  have  no 
reafbn  to  believe  any  other  was  made  before,  or  fince,  that 
time. 

6th,  *^  That  king  James  the  firft,  by  letters  patent  bear- 
ing date  the  3d  of  November,  in  the  i8th  year  of  his  reign, 
granted  unto  the  council  of  Plymouth,  from  forty  to  foity- 
eight  degrees  of  north  latitude  inclufive,  in  which  there  is 
a  recital  to  this  purpofe.  "Now  for  as  much  as  the  lang 
has  been  certainly  given  to  underftand,  by  divers  good 
fubje(5ls,  that  have,  for  thefe  many  years,  frequented  thofe 
coafts  and  territories,  between  the  degrees  of  40  °  and  48  ^  , 
that  there  are  no  other  fubjects  of  anychriftiankingor  fiate, 
or  by  any  authority  from  their  fovereigns,  lords,  or  princes, ' 
adlually  in  pofleffion  of  any  the  faid  lands  or  precind:s, 
whereby  any  right,  claim,  intereft,  01;  title,  may,  or  ought, 
by  that  means,  to  accrue  or  belong  to  them,"  &:c.  And  alfo 
a  proyifo  in  thefe  words,  Provided  always,  that  the  fairf 
lands,  iflands,  or  any  of  the  premifles,  by  the  faid  letters 
patent  intended  or  meant  to  be  gi  antcd,  were  not  then  ac- 


202 


THE  HISTORY 


rive,  and  wcflward  to  the  Iftlinnis  nt  Niagara  :  in  a  word, 
all  the  country  belonging  to  the  crown  of  Great  Britain, 
not  already  granted  ;  for  >ve  arc  to  confider  New  York  a- 


tually  poTcfled  or  inhabit ed  by  any  other  chriftian  power 
or  ftatc.''  \V  iiich  patent,  the  committee  conceive,  could  not 
vefl  any  thii:g  in  tlie  i;i unites,  by  reafon  of  tlic  fald  recital 
and  condition  upon  wliich  it  was  granted  ;  part  of  the  pi  e- 
mifics  being  theii  actually  po.ielK'd  by  the  Dutch,  and  moft 
of  tile  faid  colony  of  New  Netherkuid  being  within  the 
bounds  thereof. 

7  _'i,  Tb.it  thr  council  of  Plymouth,  by  their  deed, 
dated  the  19th  of  March,  in  the  third  year  of  king  Charles 
the  iii-Wy  granted  to  fir  Ilcai-y  llolfwell  and  others,  part  of 
%vhat  was  fuppofed  to  be  granted  by  the  faid  letters  j  n  ent, 
^vhich  g:  ant,  from  the  faid  council  of  Plymouth,  the  com- 
mittee take  to  be  void,  as  founded  upon  the  faid  void  pa- 
tent. 

*'  8th,  That  he,  the  fiidfir  Henry  RofTwell,  and  others, 
obtained  a  grant  and  confmnation  thereof,  fion.  the  ciown, 
under  vhe  great  feal  of  England,  dated  the  4th  of  March,  in 
the  fourth  yenr  of  king  Charles  the  fr  fl,  within  which  grant 
and  confirmation,  tb-c  province  of  Mafiachufetts  bny  is  in- 
cluded ;  which  grant  and  confirmation  was  adjudged  void  in 
the  high  court  of  chancery  of  England,  in  the  year  1684.  And 
the  committee  are  of  opinion,  that  nothing,  to  ihe  wcHward 
of  Connedticut  river,  could  pafs  by  that  {rrart  and  confir- 
niJ^tion  j  for  that  his  majcfly  could  not  have  had  an  inten- 
tion to  grant  the  fame,  it  being  then  pofi'efied  by  the  Dutch, 
as  before  mentioned. 

9th,  That  the  committee  conceive  the  inhabitants  of 
Maflachnfetts  bay  can  claim  nothing  at  prcfent,  but  what 
js  granted  them  by  their  lalt  charter  in  1691  ;  all  their  other 
grants  and  charters  being  either  void  of  themlelves,  or  de- 
clared fo  in  the  chancery  of  England. 

"  loth,  That  the  bounds  granted,  by  this  charter,  are 
wcftward  as  far  as  the  colonies  of  Rhode  Ifland,  Conne(^ti- 
cut,  and  the  Narraganfet  country  :  which  words  being  in 
the  cafe  of  a  grant  from  the  cown,  the  committee  conceive, 
cannot  extend  their  bounds  farther  than  to  Connecfii- 
cut  colony,  and  therefore  not  to  Conne»rticut  river, 
and  much  lefs  to  the  weftvv-ard  of  it ;  becaufe  Connedricut  it- 
felf,  at  the  time  of  that  charter,  did  not,  in  the  knowledge 
of  the  crown,  extend  weftward  of  that  river  ;  nor  did  till 
nine  years  after,  w  hen,  by  the  royal  approbation,  the  agi'ee- 


OF   N  E  W  -  Y  O  R  k.  563 

mong  her  fifter  colonies,  to  borrow  a  law  phrafe,  as  a  refl- 
duary  legatee. 

Hence  we  have,  from  the  beginning,  been  expofed  to 


ment  between  this  province  and  that  colony  taking  place, 
(which  was  not  to  be  in  force  till  fuch  approbation)  the 
bounds  of  that  colony  were  fettled  as  is  before  mentioned  : 
and  the  committee  conceive  it  to  be  agabift  reafon,  to  fup- 
pofe  that  the  crown  mtended,  by  the  laid  charter,  to  grant 
any  part  of  the  province  of  Xevv^-Ycrk,  under  the  then 
immediate  government  of  the  crown,  without  exprefs  men- 
tion thereof  in  the  charter  ;  and  without  notification  there- 
of to  Henry  Sloughter,  then  governor  of  this  province,  that 
the  crown  had  granted  fuch  a  part  of  what  was  before  with- 
in his  jurifdiction,  by  their  majellies'  comniiffion  aforefaid 
to  him. 

"  lith,  That  both  the  patents,  under  which  the  peti- 
tioners claim,  the  committee  find  were  gianted  under  the 
great  feal  of  this  province  ;  that  of  the  manor  of  Livingfton 
m  i636,  and  that  of  Weftenhook  in  1735.  And  that  the 
lands  contained  in  the  (aid  grants  are,  the  committee  ap- 
prehend, within  the  jurifdidiion  of  this  province,  they  being 
both  weft  of  Conne  ^i:icut  river. 

1 2th,  That  the  committee  are  of  opinion,  the  attempts 
of  the  inhabiiants  of  the  Maflachufetts  bay,  to  make  en- 
4  croachments  upon  any  lands,  granted  by  letters  patent  un- 
der the  great  feal  of  New- York,  or  upon  any  lands  within 
the  jurifdicftion  of  this  province,  are  difrefpecTtful  to  his 
niajefty's  authority,  tend  to  the  dillurbance  of  the  fubjed:s 
of  this  province,  and  may  be  the  caufe  of  great  mifchiefs 
and  diforders. 

I  uh,  That  the  fteps  taken  by  the  faid  inhabitants,  even 
were  the  bounds  of  this  province  doubtful  and  unfettled, 
are  intrufions,  and  difrefpeiftful  to  his  majefty's  authority. 

And  laftly,  The  committee  are  of  opinion,  that  a  co- 
py of  fo  much  of  this  report,  as  fliall  be  approved  of  by  your 
excellency  and  the  council,  be  tranfmitted  to  the  lieuten- 
ant governor  of  the  province  of  Maflachufetts  bay,  requeft- 
ing  that  he  would  take  effectual  meafares,  that  all  encroach- 
ments and  difturbances,  by  the  people  of  that  colony,  on 
his  majefty's  fubjecl:s  of  this  province,  be  ftayed  ;  and  that 
he  would  lay  this  matter  before  the  next  general  court,  that 
they  may  inform  your  excellency,  by  what  warrant  they 
claim  or  exercife  any  right  to  foil  or  jurifdicftion,  weft  ward 
of  Connecticut  river  j  that  the  fame  may  bs  confidered;, 


304 


THE  HISTORV 


controvcrfics  about  limits.  The  New-Jerfer  claim  includes 
feveral  hundred  thoufand  acres,  and  has  not  a  little  imped- 
ed the  fcti lenient  of  the  colony.  The  difpute  with  the 
Mafllicliufctts  bay  is  fllll  more  important,  and,  for  feveral 
years  piilt,  occalioned  very  confiderablc  commotions.  The 
New  Hampfliirc  pretenfions  have,  as  yet,  expofcd  us  to  no 
great  trouble.  But  when  all  thofe  claims  are  fettled,  a 
new  conrroverfy  will  probably  commence  with  the  pro- 
prietaries of  Pennfylvania. 

This  province  was,  in  1691,  divided,  by  an  a(5l  of  aflem- 
bly,  into  twelve  counties,  which  I  (hall  defcribe  in  thcir 
order. 


and  fuch  fteps  taken  towards  removing  all  caufcs  of  en- 
croachments, or  dilturbances,  for  the  future,  as  may  be  a- 

freeable  to  equity  and  juftice  :  to  the  end,  that  good  U9- 
erllandint;  may  be  preferved,  which  ought  to  fubfift  be- 
tween fellow  fubjects  and  neighbouring  provinces. 

"  All  which  is  nevertlielcfi  humbly  fubmitted. 

"  By  order  of  the  committee, 

"  James  de  Lancey,  Chairman." 

The  government  6f  the  Maflachufettsbay  never  exhibited 
the  reaK)ns  of  their  claim,  in  anfwer  to  this  report,  but 
continued  their  encroachments  :  and,  in  the  fprin^,  1755, 
furveyed  and  fold  lands,  lying  feveral  miles  weu  of  the 
caftern  extent  of  the  manor  of  Livingfton  and  the  patent 
of  Claverack: 


O  F   N  E  W  -  ?  O  R 


THE  CITY  AND  COUNTY  OF  NEW-YORK. 


THE  city  of  New- York,  at  firll,  included  dnly  the  ifland^ 
called  by  the  Indians,  Manhattans.  Mannmg's  ifland, 
the  two  Barn  illands,  and  the  three  Oyfter  iflantis  were  hi 
the  county.  But  the  limits  of  the  city  have  fince  been  aug- 
mented by  charter.  The  illand  is  very  narrow,  not  a  mile 
wide  at  a  medium,  and  about  14  miles  in  length.  The  fouth- 
we(t  point  projects  into  a  fine  fpaciousbay,  nine  miles  long, 
and  about  four  in  breadth,  at  tiie  confluence  of  the  waters 
of  Hudfon's  river,  and  the  ilreight  between  Long  Ifland 
and  the  northern  Ihore.  The  Narrows,  at  the  fouth  end  of 
the  bay,  is  fcarce  two  miles  wide,  and  opens  the  ocean  to 
full  view.  The  paflage  up  to  New -York  from  Sandy  Hook, 
a  point  that  extends  fartheft  into  the  fea,  is  fafe,  and  noC 
above  five  and  twenty  miles  in  length.  The  common  navi- 
gation is  between  the  eaft  and  weft  banks,  in  two  or  threes 
and  twenty  feet  water.  Bur  it  is  faid^,  that  an  eighty  gun 
(hip  may  be  brought  up,  through  a  narrow,  winding,  un- 
•fi-equented  channel,  between  tlie  north  end  of  the  eaft 
bank  and  Coney  Ifland. 

The  city  has,  in  reality,  no  fiatural  bafon  or  harbdur.  The 
Ihips  lie  off  in  the  road,  on  the  eaft  fide  of  the  town,  which 
-is  docked  out,  and  better  built  than  the  wefl  fide,  becaufe 
the  frefhets  in  Hudibn's  river,  fill  it  in  fome  winters  with 
ice. 

The  city  of  New- York,  a§  I  have  elfewhere  had  occafioii 
to  mention,  confifts  of  about  two  thoufand  five  hundred 
buildings.  It  is  a  mile  in  length,  and  nor  above  half  that  iit 
breadth.  Such  is  its  figure  in  its  centre  of  bafinefs,  and  the 
lituation  of  thehoufcs,  that  the  mean  cartnge  from  one  part 
to  another,  does  not  exceed  above  one  quarter  of  a  mile, 
than  wliich  nothing  eaft  be  more  advantageous  to  a  trading 
city.'* 

It  is  thouMit  to  be  as  healthy  a  fpot  as  any  in  the  world. 
The  eaft  and  fouth  parts,  in  general,  are  low,  but  the  reft 
is  fituated  on  a  dry,  elevated  foil.  The  ftreets  are  irregu- 
lar ;  but,  being  paved  with  round  pebbles,  are  clean,  and 
lined  with  well-l3uilt  brick  houfes,  many  of  whicii  are  co- 
■vered  with  tiled  roofs. 

No  part  of  America  is  fupplied  with  markets  abound- 
ing with  greater  plenty  and  variety.  We  have  beef,  pork^ 
mutton,  poultry,  butter,  wild  fowl,  venifon,  fifh,  roots,  and 
lierbs^  oi  all  kinds,  in  their  feafons.  Our  oyfters  are  a  con- 

2  D 


tllE  HISTORY 


fiderable  article  in  the  Pvipport  of  the  poai*.  Their  beds  arc 
within  view  ot  the  tovu  ;  a  Hcet  ot'  two  huiulred  finall 
craft,  a'  e  often  fecn  the:'e,  at  a  time,  when  the  weather 
is  mil  l  in  wi  rcr  ;  an  I  tUii  fiu^le  ai  iicle  is  computeil  to  be 
wo  til  annnally  Id  or  12  oocl. 

Tills  city  ii  the  metropolis  and  grand  mart  of  the  pro- 
vince, and,  by  iis  co.nnioJious  fiwUation,  coininands  alfo  alJ 
the  trade  of  the  wcllern  ]>art  of  Connecticut  and  that  of  f.^ 
J[erfey.  No  fcafon  pre  cntsour  fln]>s  fiom  launching  out 
into  the  ocean.  J)u;  ing  ihe  threat  feverity  of  winter,  an  e<)ual, 
unvoltrained  aciiviLV  runs  tlirougii  all  ranks,  orders,  and 
eaiploymcnts." 

Upon  the  Ibiuh-wcn  point  of  the  city  (tands  the  fort, 
tvhich  is  a  fquare  with  Io\ir  ballions.  \Vitliin  the  walls  is 
the  houfe  in  which  our  governois  ulually  relide;  and  oppo- 
lite  to  it,  brick  barracks,  built  formerly  for  t'ne  indcjjendeiH: 
companies.  The  trovevnor's  houle  is  in  height  three  flofies, 
and  fronts  to  the  welt;  haviniv,  from  the  fccond  Itory,  « 
fine  prol"[>eC~t  of  the  bay  and  the  Jerley  fliore.  At  the  foutli 
cjul  there  was  formerly  a  chapel,  but  this  was  burnt  down 
in  the  negro  conl'piracy  of  the  fpring  1 741.  According  to 
governor  Burnet's  oWervattons,  this  fort  Hands  in  the  lati- 
tude 4.0  ^2' N. 

Below  the  walls  of  the  garrifon,  near  the  water,  we 
have  lately  raifed  a  line  of  fortifications,  which  com- 
mands the  entrance  into  the  eaftern  road  and  the  mouth  of 
Hud  Ton':;  river.  This  battery  is  built  of  Hone,  and  the  mer- 
lons confiit  of  cedar  joills,  fdled  in  with  earth.  It  mounts  9a 
cannon,  and  thefe  are  all  the  works  we  have  to  defend  us. 
Alx)Ut  fix  furlongs,  Ibuth-eail  of  the  fort,  lies  Notten  Iflantl, 
Containing  about  100  or  120  acres,  referved  by  an  acfc  of  af- 
fembly,  ai  a  fort  of  demefiic  for  the  governors,  upon  which 
i:  is  pi  opofed  to  ere«  a  (trong  caille,  becau/e  an  enemy  might 
from  thence  eafily  l)o;nbard  the  city,  without  being  annoyed 
cither  by  our  battery  or  tiie  fort.  During  the  late  war,  a  line 
of  prdi'adoes  was  "■  in  f  oni  HuJfon's  to  the  Eaft  river,  at 
the  otlicv  end  of  tlie  city,  with  block  houfes  at  finall 
diUvnces.  The  -rreater  pai  Lof  thefe  ftill  remain  as  a  monu- 
ment of  our  folly,  whicii  ccit  the  provmce  about  8cool. 

The  inhabitants  of  New-York  are  a  mixed  people,  i>uc 
moftly  defcended  from  the  original  Dutch  planters.  There 
are  Hill  two  churches,  in  which  religious  worfhip  is  per- 
formed in  that  language.  The  old  building  is  of  ftone  and 
ill  built,  omamentecl  with  a  fmall  organ  loft  and  braS 
branches.  The  new  church  is  a  high,  heavy  edifice,  has  a 
very  exienfive  area,  and  was  completed  ui  1 729.  It  hts  no 


OF    N  E  W  -  Y  O  R  1<. 


galleries,  and  yet  will  perhaps  contain  a  thoufandor  twelve 
hundred  aiiditoi-s.  The  Ibeeple  of  this  church  rffbrds  a 
inoft  beautiful  profpe*fl,  both  of  the  city  beneath  and  the 
liuTountling  country.  The  Dutch  congregation  is  mere  nn. 
jne.  ous  than  any  other ;  but  as  the  language  beccnies  dif- 
uled,  it  is  miKh  diminiOied  ;  and  unlc^  they  change  their 
worlhip  into  the  Englifh  tongue,  nuift  foon  fufFer  a  total 
diffipation.  They  have  at  pielent  tv  o  miniilers  :  the  reve- 
rend meftieurs  Ritzina  and  de  Ronde,  who  are  both  ftrid: 
Calvinifts.  Tlieir  church  was  incorporated  on  the  nth  of 
ISiay,  1696,  by  the  name  of  the  niinlfter,  elders,  and  dea- 
cons, of  the  reformed  proteliant  Dutch  cliurch  of  tlie  city 
of  New-York  and  its  eftatc,  after  the  expiration  of  fun- 
dry  long  leafes,  will  be  woi  th  a  very  great  income  % 

All  the  Low  Dutch  congregations,  in  this  and  the  pro* 
^ince  of  New-Jerley,  worihip  after  the  manner  of  the  re- 
formed church  in  the  united  provinces.  \\  ith  refpcct  to 
government,  they  are  in  pnnciple  prcfbyterians  ;  but  yet 
hold  themfelves  in  fubordniation  to  the  ciufKs  of  Am- 
fterdam,  who  fomctimes  permit,  and  a:  otlier  times  refufe 
them  the  powers  of  ordination.  Some  of  their  miniftevs  con- 
fider  fuch  a  fabjec^rionas  anti-conllitutional,  and  licnce  in  fe- 
vcral  of  their  late  annual  conventions,  at  New- York,  called 
the  coEtus,  Tome  debares  have  arifcn  among  them  ;  the  ma- 
jority being  inclined  to  erecl  a  claflis,  or  ccclefiafticul  judi- 
catory, here,  forth'-  government  of  their  churches.  Thofe 
of  their  miniilers,  who  are  natives  of  Europe,  are,  in  ge- 
neral, aA^erfe  to  the  p.-ojed:.  The  expenle  attending  the  or- 
dination of  their  candidates,  in  Holland,  and  the  reference 
of  their  difpates  to  the  claiiis  of  Amfterdam,  is  very  ccnfi- 
derable  ;  and  with  what  confequences,  the  interruption  of 
their  correfpondencc  with  the  European  Dutch,  %voi:ld  be 
attended,  in  cale  of  a  war,  well  deferves  their  conlidcrap 
tion. 

There  are,  befides  the  Duteh,  two  epifcopal  churclies  in 
this  city,  upon  the  plan  of  the  eftablifhed  church  in  South 
Britain.  Trinity  church  was  built  in  1696,  and  afterwards 
enlarged  in  17^7.  It  (lands  very  pleafantl}'^  upon  the  banks 
pf  Hudfon's  river,  and  has  a  large  cemetery,  on  each  fide, 
enclofed  in  the  front,  by  a  painted,  paled  fence.  Before  it 
a  longwalk  is  railed  off  iVom  the  broad-way,  the  pkaianteft 


*  Their  charter  was  confirmed  by  a  late  a(ft  of  aflembly, 
ratified  by  his  ma.^e.n:y,  which  recites  the  Vlllth  article  pf 
the  furrend  er  in  1 6 6  4 . 


THE  HISTORY 


ftrect  of  any  in  the  whole  town.  This  bnilding  is  about 
feet  long,  iiicludin  j;  tlic  tower  ami  chancel,  and  72  feet  in 
breadth.  Tlic  llceple  is  175  feet  in  height,  and  oNcr  the 
door,  facing  the  river,  ib  the  following  inlciiption. 

PER    A  N  G  U  S  T  A  M. 

Hoc  Trinitatis  temp] urn  fundatum  eft  anno  regnj  il. 
Juftriihmi,  lup  emi  doinini  Gulielmi  tcrtii,  Dei  graiia,  An- 
gli  e,  Scotie,  r'r.uicie  ec  Hibcrni<c  rcgjs,  lidei  defenloris, 
&.C.  oc*tavo,  annoq.  Domini  1696.  \ 

Ac  voliintai  i^i  quornndam  contribiltione  ac  donis  aedi- 
ficatum,  niaxiiiic  autem,  dilecti  regis  chiliarcli^;  Benjamiiii 
Fletcher,  hujui  p.ovhicic  ftratosci  et  imperatoris,  munifi- 
centia  animaiam  et  auctum,  cnjus  tempore  moderaminis, 
huj'js  civiiatis  incol rcligioneni  p;  oteltantem  ccclefiac 
Anglican  c,  ut  fc  cundiun  leircm  nunc  liabilitce  prohientes, 
quodain  diploma. e,  fub  figiUo  p'  ovinci  c  incorporati  funt, 
Siiq  ic  alias  plui  imas,  ex  re  fai  familiari,  donationes  nota- 
J>i  cs  eioCin  dedit." 

The  church  is,  witliin,  ornamented  beyond  any  other 
place  of  public  worlhip  among  ns.  The  head  of  the  chan- 
cel is  adorned  with  an  altar-piece,  and  oppofite  to  it,  at  the 
other  en. I  of  tlie  building,  is  the  organ.  The  tops  of  the 
pillars  which  fupport  the  galleries,  are  flecked  with  the 
gilt  bulls  of  angels  winged.  F  rom  the  ceiling  ai"e  fulpended 
two  clafs  bi-anclies,  and  on  the  walls  hang  the  arms  of  fomc 
of  i  s  principal  beni:factors.  The  ailes  are  paved  with  flat 
iloncs. 

The  prefent  rector  of  this  church  is  the  rev.  mr.  Henry 
Barclay,  fornerly  a  miflionary  among  the  Mohawks, 
whn  receive^  lo.  l  a  year,  levied  upon  all  the  other  clergy 
and  laicy  in  the  city,  by  virtue  of  an  act  of  aflembly,  pro- 
cu  ed  by  governor  hleicher.  He  is  aflirtcd  by  dr.  Johnfon 
and  mr.  Auchmuty. 

This  congregation,  partly  by  the  arrival  of  ftrangers 
froiii  Europe,  but  prii)cipally  by  p)  ofelytes  from  the  Dutch 
churches,  is  become  fo  numerous,  rhat  though  the  old  buil- 
ding will  con  ain  2000  Iiearers,  yet  a  new  one  was  erec'ted 
in  1752.  This,  called  St.  George's  chapel*,  is  a  very 
great  edifice,  faced  with  hewn  Itone  and  tiled.  The  fteeple 


*  The  length,  exclufive  of  the  chancel,  92  feet,  and  its 
breadth  20  feet  lefs. 


O  F   N  E  W  -  Y  G  R  K. 


20^ 


loftyt,  but  irregular ;  and  its  fituation  in  a  new,  crouded, 
and  ill-built  part  of  the  town. 

The  rector,  churchwardens,  3i\d  vefti-ymen  of  Trinity 
church,  arc  incorporaved  by  an  a6t  of  allembly,  which 
grants  the  two  lalt  tlie  advowfon  or  light  of  preientation  ; 
but  enacts,  that  the  redtor  lhail  be  inftituied  and  indu(fted  in 
a.  manner  moit  agreeable  lo  ihe  king's  inlb  uctions  to  the 
governor,  and  the  canonical  right  of  the  biihop  of  London. 
Their  worfhip  is  conducted  atUr  the  mode  of  ihe  church  of 
England ;  and  with  reipect  to  govemnient,  they  are  em- 
powered lo  make  rules  and  orders  for  tnemleives,  being,  if 
I  may  ule  the  exprehion,  an  independent,  etcleliaftical  cor- 
poration. 

The  revenue  of  this  church  is  reftricted,  by  an  adi  of  af- 
fembly,  to  500I.  per  annum  :  but  it  is  polielied  of  a  real 
eitate,  at  the  north  end  of  the  town,  w  hich,  having  been 
lately  divided  into  lots,  and  let  to  farm^  will,  in  a  few 
years,  produce  a  much  greater  income. 

The  prefbyterians  increafing  after  ford  Cornbury's  re- 
turn to  i-.ngianci,  called  mr.  Anderfon,  a  Scotch  minilter,  tq 
thepalloral  charge  of  their  congregation  :  and  dr.  John  Ni- 
col,  Patrick  Mac  Night,  Gilbert  Livingllon,  and  Thomas 
Smith,  purchafed  a  piec^'  of  ground,  and  founded  a  church 
in  1 719.  Two  years  afterwards,  they  petirioned  colonel 
Schuyler,  who  had  then  the  chief  command,  for  a  charter 
of  incorporation,  to  fecure  their  eltate  for  religious  wor- 
jhip,  upon  the  plan  of  tlie  church  in  North-Britain ;  but 
were  difappointed  in  their  expectations,  through  the  op- 
pofition  of  the  epifcopal  party.  They,  fliortly  alter,  renew- 
ed their  requeit  to  governor  Burnet,  who  referred  the  pe- 
tition to  his  council.  The  epifcopalians  again  violently  op- 
pofed  the  grant  ;  and  the  governor,  in  1724,  wrote  upon 
the  fubject  to  the  lords  of  trade  for  their  direction.  Coun- 
fellor  Welt,  who  was  then  confulted,  gave  his  opinion  in 
thefe  words  :  Upoai  conlideration  of  the  feveral  acTrs  of 
imiformity,  that  have  palled  in  Great  Britain,  I  am  of  opi- 
nion that  they  do  not  extend  to  New-York,  and  confequent- 
ly  an  act  of  toleration  is  of  no  ufe  in  that  province  ;  and, 
therefore,  as  there  is  no  provincial  acl:  for  uniformity,  ac- 
cording to  the  chiu-ch  of  England,  I  am  of  opirnon,  that  by 
law  fuch  patent  of  incorporation  may  be  granted,  as  by  the 
petition  is  dehred.    RICHARD  WEST,  20  Auguft,  1 724." 

After  feveral  years  folicitation  for  a  cliarter  in  vain,  and 


f  One  htmdred  and  feventy-five  feet. 


51© 


THE  HISTORY 


fearful  ^hs^  thofe  who  obftrv<^ed  fuch  a  rcafonable  reqnr ft, 
Avoui  i  watch  an  opp')-  ■mv.y  co  give  tlieni  a  more  effeifuial 
T^ound  ;  tho'r,  among  the  prefl>yicn:ins,  who  were  invelled 
with  the  /ct  ii.  .|.le  of  the  church  and  ground,  conveyed 
it,  on  the  i  xh  of  vlan'  ,  17^%  to  the  moderator  of  the  ge- 
neral ailcinbly  of  the  churc n  of  Scoilaiid  and  tlie  commif- 
lion  the  cjf,  tlie  Hioderator  of  the  prelbytery  of  Edin- 
burgh, xhi'  principvtl  of  the  college  of  Ldinburgh,  the 
profeilbr  of  cliviniiy  tliercin,  and  the  procurntor  and  arent 
of  ilic  chinch  of  Scotland,  for  the  time  being,  and  iliciv 
fucceiibis  in  oftice,  as  a  connnittcc  of  the  general  aflembly." 
On  the  I5ch  of  Anguft,  17^2  the  church  of  Scotland,  (by  an 
inrtruiiicnt  under  the  feal  of  the  general  allcmbly,  and 
figned  by  mr  Niel  Campbell,  principal  of  the  univerfity  of 
Glafgow,  a'.'l  n»ode-  ator  of  the  general  allenibly  and  corn- 
million  tiiercof — nn-.  James  Nefliit,  one  of  the  minillers  of 
the  gofpcl  at  Edinburgh,  i-'odenitor  of  tlie  prefbytery  of 
Edinourgh — mr.  Wm.  Hamilton,  principal  of  the  univerfity 
of  Edinburgh — nir.  James  Smith,  profeflbr  of  divinity  thei  e- 
in — and  mr.  William  Grant,  advocate  procurator  for  the 
church  of  Scotland,  for  the  time  being)  purluant  roan  a<S: 
of  the  general  allembly,  dated  May,   17^1,  did  declare, 

That  notwithllanding  the  aforefaid  nghr  made  to  them 
and  their  fucceflbrs  in  ofHce,  they  were  Jefirous,  that  the 
aforefaid  building,  and  edifice,  and  appurtenances  thereof, 
be  prefcrved  for  the  pious  and  religious  purpofes  for  which 
the  fame  were  defigned  ;  and  that  it  fhould  be  f  ee  and 
lawful  to  the  piefbyterians,  then  refiding,  or  that  Ihonld 
at  any  time,  ihereafier,  be  refidenr,  in,  or  near,  tlie 
aforefaid  city  of  Nevv-Yo^k,  in  America,  or  others  joining 
with  them,  to  convene,  in  the  foreliiid  chuich,  for  the 
worrtiip  of  God  in  all  the  parts  thereof,  and  for  the 
difpenilition  of  all  gofpel  ordinances  ;  and  generally  to  ufe 
and  occupy  the  faid  church  and  its  appurtenances,  fully  and 
freely  in  all  times  coming,  ihey  fiipporting  and  maintaiH- 
ing  the  edifice  and  appurtenances  at  their  own  charge." 

Mr.  Anderfon  was  fucceeded,  in  Ap  -il,  1727,  by  the  reV. 
mr.  Ebenezer  Peniberton,  a  man  of  polite  breeding,  pure 
morals,  and  wami  devotion  ;  un^er  whofe  inceflant  labours, 
the  congregation  greatly  increafed,  and  was  enabled  to 
eredt  the  prefent  ed:{ice  in  174S.  It  is  buih  of  ftone,  railed 
off  from  the  ftreet,  is  80  feet  long,  and  in  breadth  60.  The 
fteeple,  raifed  on  the  fouth-well  end,  is  in  height  145  feet. 
In  the  front  to  the  ftreet,  between  two  long  windows,  is 
the  following  infcriprion,  gilt  and  cut  in  a  black  Hate,  fix 
feet  in  length. 


Of   new -  YORK. 


Aufpicante  Deo 

Hanc  sdem 
tultrui  divino  facrairi 
In  perpetuum 
celebrando, 
A.D.  MDCCXIX. 
Primo  fundatam ; 
Denuo  penitus  reparatara 
et 

Ampliorem  et  ornatiorem 
A.  D.  MDCCXLVIII 
Conftnuftam, 
Nco-Eboracenfes  prefbyteriani 
In  fuum  et  faorum  ufuni 
Condentes, 
In  hac  votiva  tabula 

D  D  D 

*    *  * 

Concordia,  amoie 
Necnon  liuei  cultus  et  morura 
Puritate 
6ufFulra,  claiiufq.  exomata, 

Annuente  Chrifto, 
Long^im  |>£rduret  in  aevum. 

Mr.  Alexa:nder  dimming,  a  yonng  irentleman  of  learn* 
ing  and  lingular  penetration,  was  cholen  colleague  to  mr. 
Pembertoii,  in  1750:  but  both  were  difmifled,  at  their  re- 
queft,  abrui:  three  yea^s  afterwards  ;  the  former,  through 
jiKlifpofifion,  and  the  latter,  on  account  of  trifling  conten- 
tions, kindled  by  the  bigotry  and  ignorance  of  the  lower 
fo It  of  people.  Thefe  debates  continued  till  they  were  clof- 
ed,  in  Ap  -il  1756,  by  a  decifion  of  the  fynod,  to  which,  al- 
moft  all  oar  prelbytcrian  churches,  in  this  and  the  fouthem 
p  'ovinces,  are  fubjed:.  The  congregation  conlifts,  at  pre- 
ient,  of  12  or  1400  fouls,  under  the  paftoral  charge  of  the 
rev.  mr.  David  Bolt  wick,  who  was  lately  tranflated  from 
Jamaica  to  New-York,  by  a  fynodical  decree.  He  is  a  gen- 
tleman ofamild,  cathoHc  difpolition  ;  and  being  a  man 
of  piety,  prudence,  and  zeal,  confines  himfelf  entirely  to 
the  proper  bufinefs  of  hisfancftion.  In  the  art  of  preaching, 
he  is  one  of  the  moft  dillinguilhed  clergymen  in  thefe 
parts.  His  difcourfes  are  methodical,  found,  and  pathetic  ; 
in  fentiment,  and  in  point  of  diclion,  lingularly  ornament- 
ed. He  delivers  hj  mfelf  without  notes,  and  yet  with  gj  eat 


THE  HISTORY 


eafe  and  fluency  of  expreffion  ;  and  performs  every  part 

of  divine  worfhip  with  a  (hiking  foleninity. 

Tlie  French  church,  by  the  contentions  in  1724,  and  the 
difufe  of  the  language,  is  now  reduced  to  an  incoididerable 
handful.  The  buildin*^,  which  is  of  (tone,  nearly  alquare  *, 
plain  both  within  and  without.  It  is  fenced  from  the  (treet, 
has  a  iteeplc  and  a  bell,  tlie  latter  of  which  was  the  gift  of 
fir  Henry  AlliuHl  of  Lontlon.  On  the  front  of  the  church 
is  the  foUowhig  infcripcion, 

D  E  S    S  A  C  B  A 
G  A  L  L  O  R.    P  R  O  T. 
R  K  F  O  R  M. 
F  V  N  D  A.  r704. 

P  K  N  I  T  V  S 
R  E  P  A  R.  1741. 

The  prefent  minffter,  mr.  Carle,  is  a  native  of  France, 
and  fuccceded  nir.  Ron  in  1754.  He  bears  an  irreproach- 
able character,  is  very  intent  upon  hisltudies,  pi  caches  mo- 
derate Calvinifm,  and  fpeaks  witli  propriety,  both  of  pro- 
nunciation and  gcltiire. 

The  German  Lutheran  churches  are  two.  Both  their  pla- 
tes of  worfliip  are  fuiall  :  one  of  them  has  a  cupola  and 
bell. 

The  quakers  have  a  meeting-houfe,  and  the  Moravians, 
a  new  feet  among  us,  a  churcli,  confifting  principally  of 
female  profelytes  from  other  focieties.  Their  fervicc  is  in 
the  Englifh  tongue. 

The  anabaptifts  nfiemble  at  a  fmall  meeting-houfe,  but 
have  as  yet  no  regular  fettled  congi'egation.  The  Jews, 
who  are  not  inconliderablc  for  tlieir  numbers,  worfhip  in 
a  fynagoguc  erected  in  a  very  private  part  of  the  town, 
plain  without,  but  very  neat  within. 

Tlie  city  hall  is  a  Ibong  brick  building,  two  ftories  in 
height,  in  the  fhape  of  an  oblong,  winged  with  one  at  each 
end,  at  right  angles  with  the  firft.  The  floor  below  is  an 
ope.i  walk,  except  two  jails  and  the  jailor's  apartments.  The 
cellar  underneath  is  a  dungeon,  and  the  garret  above  a  com- 
mon prifon.  This  edifice  is  erected  in  a  place  w^here  four 
flrreets  meet,  and  fronts,  to  the  fouth-welt,  one  of  the  moft 
fpacious  Itreets  in  town.  The  callem  wing,  intJie  fecond 


*  The  area  is  feventy  feet  long,  and  in  breadth  fifty. 


OF   N  E  W  -  Y  O  R  I-^ . 


213 


ftory,  confifts  of  the  aflTembly  chamber,  a  lobby,  and  a  fmall 
room  for  the  fpeaker  of  the  houfe.  The  weii  ^ving,  on  the 
fame  floor,  forms  the  council  room  and  a  library  ;  and  in 
the  fpace  between  the  ends,  the  fupreme  court  is  ordinarily 
held. 

The  library  confifts  of  a  thouland  volumes,  t\'hich  were 
bequeathed  to  "  the  fociety  for  the  propagation  of  the  gof- 
pel  in  foreign  parts,"  by  dr.  Millington,  rector  of  Newing- 
ton.  Mr.  Humphreys,  the  fociety's  fccretary,  in  a  letter  of 
the  23d  of  September  1728,  informed  goNcrnor  Montgo- 
merie,  that  the  fociety  intended  to  place  thefe  books  in 
New-York,  intending  to  eflablifh  a  library,  for  the  ufe  of 
the  clergy  and  gentlemen  of  this  and  the  neighbouring 
governments  of  Connecticut,  "New  Jerfey,  and  Pennfylv?.- 
Yiia,  upon  giving  fecurity  to  return  them  ;  and  defired  the 
governor  to  recommend  it  to  the  aflcmbly,  to  provide  a 
place  to  depofit  the  books,  and  to  concur  in  an  act  for  the 
prefervation  of  them  and  others  that  might  be  added.  Go- 
venior  Montgomcrie  fent  the  letter  to  the  aflembly,  who 
ordered  it  to  be  laid  before  the  city  corporation  :  and  the 
latter,  iii  June  1729,  agreed  to  provide  a  proper  repofitoiy 
for  the  books,  which  were  accordingly  foonafcer  fent  over. 
The  greateft  part  of  them  are  upon  theological  fubjccis  ; 
and  through  the  carelefluefs  of  the  keepers,  many  aix  mif- 
fing. 

In  1754,  ^  ^t^t  of  .rentlemen  undertook  to  carry  about  a 
fubfcription  towards  raifing  a  public  librai-y,  and  in  a  few 
days  collected  near  600I.  which  were  laid  out  in  purchafing 
about  700  volumes  of  new,  well-chofen  books.  Every  fub- 
fcriber,  upon  payment  of  5I.  principal,  and  the  annual 
fum  of  ICS.  is  entitled  to  the  ufe  of  thefe  books.  His  right 
by  the  articles  is alfignable,  and,  for  noti-compliance  with 
them,  may  be  forfeited.  The  care  of  this  library,  is  com- 
mitted to  twelve  truftees,  annually  elected  by  tlielubfcribevs, 
on  the  laft  Tuefday  of  April,  who  are  reftricted  from  making 
'any  rules  repugnant  to  the  fundamental  fubfcripticn. 
•'  This  is  the  beginning  of  a  library,  which,  in  procefs  of 
"-'time,  will  pro^)ably  become  vaftly  rich  and  voluminous  ; 
and  it  would  be  very  proper  for  the  company  to  have  a 
charter  for  its  fecurity  and  encouragement.  The  bocks  are 
depofited  in  tlie  fame  room  with  thofe  given  by  the  fociety. 

Befides  the  city  hall,  there  belong  to  tlie  corporation,  a 
large  alms- houfe  or  place  of  correction,  and  the  exchange^ 
ill  the  latter  of  which  there  is  a  large  room  raifcd  i:poii 

i  E 


414 


THE  HISTORY 


brick  arches,  generally  ufed  for  public  entertainment  J, 
concerts  of  innlic,  balls  and  alieniblies. 

Though  tlsc  city  was  put  under  the  government  of  a 
ma>or,  ^c.  in  1665,  it  was  not  regularly  incorporated  till 
1686.  Since  that  time  fevcial  chavteis  have  been  pafled  : 
the  laft  w  as  gn.nted  by  governor  Montgomciie,  on  the  1 5th 
of  January,  i7";o. 

It  is  divided  into  fevcn  wards,  and  is  under  the  govern- 
ment of  a  mayor,  recorder,  fevcn  aldermcu,  aud  as  many 
aliillanis,  or  common  counciliren.  1  he  niayor,  alheiiff, 
and  coroner,  arc  annually  api)oinied  by  the  governor.  The 
recorder  has  a  pa; cnt  during  plcafui  e.  The  aldermen,  affif- 
tants,  afleilbrs,  and  coUcdiors,  arc  annually  elet^ted  by  the 
freemen  and  frceholdcis  of  the  refpe(iii\e  waids.  Ihe 
niayor  has  the  ible  appointment  of  a  deputy,  and,  to- 
getlier  with  four  aldermen,  may  appoint  a  chamberlain. 
'I'lic  mayor,  or  recorder,  four  aldermen,  and  as  many  ailift- 
ants,  forui  the  common  council  of  the  city  of  New- York  :** 
and  this  body,  by  a  majority  of  voices,  haih  power  to  make 
bye-lawL  for  the  government  of  the  city,  which  ai  e  binding 
only  for  a  year,  unlcfs  confirmed  by  the  governor  and  coun- 
cil. They  have  many  other  privileges  relating  to  ferriages, 
markets,  fairs,  the  aliize  of  bread,  v.  ine,  ike.  and  the  li- 
cenfing  and  regulation  of  tavern  keej^ers,  cartage,  and  the 
like.  The  nrayor,  his  deputy,  the  recorder  and  aldermen^ 
are  conllituted  jidUces  of  tlic  peace  ;  and  may  hold  not  only 
a  court  of  record  once  a  week,  to  take  cognizance  of  all 
civil  caufes,  but  alfo  a  court  of  general  quarter  fefiions  of 
the  peace.  They  have  a  common  clerk,  commiflioned  by  the 
governor,  w  ho  enjoys  an  appointment  worth  about  four  or 
five  hundred  pounds  per  ai:rium.  The  annual  revenue  of  the 
corporation  is  near  two  thoufand  pounds.  The  Handing  mi- 
litia of  the  illand  conliflr,  of  about  2^co  men*:  and  the  city 
has  in  relerve,  a  thoufand  Hand  of  arms  for  feamen,  the 
poor,  and  others,  in  cafe  of  an  invafion. 

The  north  eatlern  part  of  New- York  ifland  is  inhabited, 
principally,  by  Dutch  fanners,  who  have  a  fmall  village 
ther  ,  called  Haerlem,  pleafantly  fituated  on  a  fiat,  culti- 
vated for  the  city  markets. 


*  The  whole  number  of  the  inhabitants,  exclufive  of  fe* 
males  above  iixty,  according  to  a  lilt  returned  to  the  gover- 
nor, in  the  fpring  1756,  amounted  to  10,468  whites,  and 
2275  negroes  ;  but  that  account  is  erroneous.  It  is  mo^ 
probable,  that  there  are  in  the  city  i  j,oco  fouls. 


O  F    N  E  W-Y  O  R  K. 


115 


WEST-CHESTER. 

THIS  county  is  large,  and  includes  all  the  land  beyond 
the  ifland  of  Manhattans  along  the  found,  to  the  Con- 
necticut line,  which  is  its  eallern  boundary.  It  extends 
northward  to  the  middle  of  the  highlands,  and  weftward  to 
Hudfon's  river.  A  great  part  of  this  coanty  is  contained  in 
the  manors  of  Philipfburgh,  Pelham,  Ford  nam,  and  Court- 
landt,  the  laft  of  which  has  the  privilege  of  (ending  a  re- 
prefentative  to  the  general  aflembiy.  The  county  is  toler- 
ably fettled.  The  lands  are  in  general  rough,  but  fertile, 
and  therefore  the  farmers  run  principally  on  grazing.  It 
has  feveral  towns,  Eaft-Chefter,  Wcft-Chefter,  New- 
Rochelle,  Rye,  Bedford,  and  North-Caftle.  The  inhabi- 
tants are  either  Englifn  or  Dutch  prefbyterians,  epifco- 
palians,  quakers,  and  French  proteftants.  fhe  former  are 
the  moft  numerous.  The  two  epifcopal  miifionaries  are  fet- 
tled at  Rye  and  Eaft-Chefter,  and  receive  each  6ol.  annually 
taxed  upon  the  county.  The  town  of  Vv'ell-Chefter  is  an 
incorporated  borough,  enjoying  a  mayor's  court,  and  the 
right  of  being  reprefented  by  a  member  in  aflembly. 

DUCHESS. 

THIS  county  adjoins  to  Weft  Chefter,  which  bounds  it 
on  the  fbuch,  the  Connecticut  line  on  the  eaft*,  Hud- 
fon's river  on  the  weft,  and  the  county  of  Albany  on  the 
north.  The  fouth  part  of  this  county  is  mouniainous,  and 
fit  only  for  iron  works  ;  but  the  reft  contains  a  great  quan- 
tity of  good  upland,  well  wa^e  ed.  The  only  villages  in  it 
are  Poughkeepfte  and  the  Fifli-Kill,  though  they  fcarce  de- 
ferve  the  name.  The  inhabitants  on  the  thanks  of  the  river 
are  Dutch,  but  thofe  more  eafterly,  Engliflimen,  and,  for 
the  moft  part,  emigrants  from  Conneifticut  and  Long  Ifland, 
There  is  no  epifcopal  church  in  it.  The  growth  of  this  coun- 
ty has  been  very  fudden,  and  commenced  but  a  few  years 


*  In  defcribing  the  limits  of  the  feveral  counties,  I  regard 
their  bounds  according  to  the  jurifdicftion  as  now  exercifed 
in  each,  rather  than  the  laws  relathig  to  them,  which  are 
very  imperfecft,  efpecially  the  general  a(ft  in  1691.  The 
greateft  part  of  Hudfon's  river  is  not  included  in  any  of 
f^ur  ^counties. 


5i6  T  H  E    H  I  S  T  O  R  Y 


ago.  Within  the  meinory  of  pcrfons  now  living,  it  did  not 
contain  above  twelve  families  ;  and  according  to  the  late 
returns  of  t  lie  niilitia^  it  will  furnifli  at  prelent  above  2500 
fighting  men. 

ALBANY. 

THIS  county  extends  from  the  fouth  bounds  of  the  ma- 
nor of  Li\in<;fton,  on  the  e:dl  fide,  and  UHler,  on  the 
welt  fide  ol'K'udlon's  river  ;  on  the  north  its  limits  are  not 
yet  afcertainecl.  It  contains  a  vail  quantity  of  fme  low  land. 
Its  principal  commodities  are  wheat,  peale,  and  pine  boards. 
The  ci:y  of  Albany,  which  is  near  150  miles  from  New- 
York,  is  hruated  on  the  welt  fide  of  the  river.  There  our 
governors  ufually  treat  with  the  Indians  dependent  upon 
tiie  Britifh  crown.  The  hoiifes  are  built  of  biick,  in  the 
Dutch  tarte,  and  are  in  number  about  550.  There  are  two 
chu  chesin  it.  That  of  the  epiftopalians,  the  only  one  in 
this  large  county,  is  a  flone  building.  The  congregatioi^  is 
but  fmall,  almoft  all  tlie  inhabitants  refoiting  to  the  Duch 
church,  which  is  a  plain  (quare,  Hone  edifice.  Befides  thefe 
they  have  no  other  public  brildings,  except  tlie  city  hall 
and  the  fort  ;  the  latter  of  which  is  a  ftone  Ajuare,  with 
four  balVions,  fituated  on  an  eminence  which  overlooks  the 
town,  bur  is  itfelf  commanded  by  higher  ground.  The 
greatell  part  of  the  city  is  fortified  only  by  palifadoes,  and  in 
fome  places  there  are  iinall  cannon  planted  in  block-houfes. 
Albany  was  incorpoiatcd  by  colonel  Dongan,  in  1686,  and 
is  under  the  government  of  a  mayor,  recorder,  fix  alder- 
laen,  and  as  many  allil^ams.  It  hasalfoa  fheriff,  town  clerk, 
chamberlain,  cleik  ofLhe  markers,  one  high  conftable,  three 
fiib-confiabltrs,  and  aiiiaifhal.  The  corporation  is  empower- 
ed befides  to  hold  a  mayor's  court  for  the  trial  of  civil  cau- 
jfes,  and  a  court  of  general  o'jarter  fclflons. 

Sixteen  or  eighteen  miles  nonh-w  cft  from  Albany,  ties 
Scheneiflady,  ow  the  banks  of  tiie  Mohawks'  river,  which 
jfallsinto  Kudfon's  river  12  miles  to  the  North  of  Albany, 
This  village  is  compact  and  regular,  built  principally  of 
brick,  on  a  rich  flat  of  low  land,  furrounded  with  hills.  It 
lias  a  large  Dutch  church,  with  a  Iteeple  and  town  clock, 
near  the  centre.  The  windhigs  of  the  river  through  the 
town,  and  the  fields  (which  are  often  overflowed  in  the 
Ipring)  form,  about  harveft,  a  moil:  beautiful  pro fpect.  The 
lands,  in  the  vale  of  Schenectady,  are  fo  fertile,  that  they 
are  commonly  fold  at  45I.  per  acre.  Though  the  farmeri 
nfe  no  kind  of  mantire^  they  till  the  fields  eveiy  year,  aii4 


O  F    N  E  W-Y  O  R  K. 


they  always  produce  full  crops  of  wheat  or  peafe.  Their 
church  was  incorporated  by  governor  Cofby  ;  and  the  town 
has  the  privilege  of  fending  a  member  to  the  atlembly. 

From  this  village,  our  Indian  traders  fet  oUt  in  battoc^ 
for  Ofwego.  The  Mohawks'  river,  from  hence  to  fort  Hun- 
ter, abounds  with  rifts  and  fhoals,  which^  in  the  fpring< 
give  but  little  obftru(ftion  to  the  navigation.  From  thenca 
to  its  head,  or  rather  to  the  portage  into  the  W  ood  Creek, 
the  conveyance  is  cafy,  and  the  current  lefs  rapid.  The 
banks  of  this  river  are,  in  general,  lov/,  and  the  foil  exceed- 
iiig  good.  Our  lettlcments,  on  the  north  fide,  extend  to 
Burnet's  field,  a  flat  inhabited  by  Germans,  which  produces 
wheat  and  peafe  in  furpriling  plenty.  On  tlie  fouth  iide,  ex- 
cept a  few  Scotch  Irifli,  in  Cherry  Valley,  at  the  head  of 
Sufqnehanna,  we  have  but  few  farms  wefl  of  the  three  Ger- 
maji  towns  on  Scliohare,  a  fmall  creek  which  empties  itfelf 
into  tlie  Mohawks'  river,  about  20  miles  weft  of  Schene(ita-r 
dy.  The  fur  t^  ade,  at  Ofwego,  is  one  of  the  principal  ad-r 
vantages  of  this  county.  -The  Indians  refort  thither  in  May  ; 
and  the  trade  continues  till  the  latter  end  of  July.  A  good 
road  might  be  made  from  Schenectady  to  Ofwego.  In  the 
fummer  1 755,  fat  cattle  were  eafdy  driven  there  for  the  ar- 
my under  the  command  of  genei  al  Ehliley. 

The  principal  fettlements  to  the  noithward  of  Albany, 
are  Connefligiune,  eallward  of  Schenr-c'tady,  on  tiie  Mo- 
hawks' river,  whici'i,  a  little  lower,  tumbles  down  a  preci- 
pice of  about  fevenry  feet  high,  called  the  Cahocs.  The 
furprife,  which,  as  One  might  imagine,  would  naturally  be 
excited  by  the  view  of  ib  great  a  cataract,  is  much  dimi- 
niflied  by  the  height  of  th3  banks  of  the  river  ;  befides, 
the  fall  is  as  uniform  as  a  mill  dam,  being  uninterrupted 
by  the  projeiftion  of  rocks. 

At  Scaghtahook,  on  the  eaft  fide  of  the  noith  branch  of 
Hudfon's  river,  there  are  a  few  farms,  but  many  more 
fcveral  miles  to  the  ealtward,  and  about  twenty-five  miles 
from  Albany,  in  the  patent  of  IJofick.  1  hele  were  all 
broke  up  by  an  irruption  of  French  and  Indians,  who,  on 
the  2Sth  of  Auguft  1754,  killed  and  fcalped  twopeifons,  and 
fet  fire  to  the  houfes  and  barns. 

About  forty  miles  to  the  northward  of  Albany,  on  the 
weft  fide  of  the  river,  lies  Saratoga,  a  fine  tracfb  of  low 
land,  from  which  feveral  families  were  driven  by  the  French 
Indians,  in  the  late  war.  A  projedl  of  purchafing  thefe 
lands  from  the  proprietors,  fettling  them  with  Indians, 
raifing  a  fort  there,  and  cultivating  the  foil  for  them, 
has  been  often  talked  of  fmce  captain  Campbell's  difap- 


THE  HISTORY 


pointment,  as  a  proper  expedient  to  curb  the  fca]ping  par- 
ties fejit  out  f  o:n  Ciown  Foiiit. 

In  tlie  I'licrn  part  of  the  county  of  Albany,  on  both 
fides  of  Jluflfoji's  river,  the  ie:.L'meiits  are  very  fcattcrcd, 
except  wi,  hlri  twelve  miles  of  the  ciry,  when  the  banks  be- 
come low  a!i  I  accciril)le.  TheiUands  here,  which  are  many, 
contain  pei  h.ip=>  the  fiiielt  foil  in  the  wo. hi. 

There  are  two  majio'-s  in  the  county,  Rcnflaerwltk  and 
Livingdon,  winch  have  eich  tlie  privilege  of  fending  a 
member  to  the  allomhly.  T::e  tenants  <,f  thcfc  manors, 
and  of  the  parents  of  Clavc-ack,  have  free  farms,  at  the  an- 
nual rent  of  a  tenth  of  the  produce,  which  has  as  yet 
been  neither  exacted  nor  paid.  At  Ancram,  in  the  manor  of 
Livingfton,  is  an  iron  furnace,  about  fourteen  miles  IVom 
the  river.  Its  bell  and  moft  improve  !  lands  lie  at  Tachanic 
in  the  eallern  parts,  wliich  have  of  late  been  much  dif- 
turbed  by  the  inroads  of  the  Mallacli  ufctts  bay,  on  this 
and  the  patents  of  Wcllcrnhook  and  Claverack. 

The  winters  in  this  county  are  commonly  fevere  :  and 
Hudfon's  river  freezes  fo  hard,  a  hundred  miles  to  the 
fourhward  of  Albany,  as  to  bear  llcds  loaded  with  great 
burdens.  Much  fnow  is  ver\'  ferviccable  to  tlie  farmer* 
here,  nor  only  in  protecting  their  grain  fi  om  tl.e  froft,  but 
in  facilitatinfT  the  tranfponation  of  their  boards  and  other 
produce,  to  the  banks  of  the  river  againft  the  enfuing 
fpriiig. 

ULSTER. 

THIS  county  joins  to  that  of  Albany,  on  the  wefl:  fide 
of  Hudfon's  river.  Its  northern  ex  ent  is  fixed  at  Saw- 
yer's rill :  the  rivers  Delaware  and  Hudfon  lx)und  it  caft 
and  weil  ;  and  a  w^eft  line,  from  the  mouth  of  Murder- 
er's creek,  is  its  fouthern  limit. 

The  inhabitants  are  Dutch,  French,  Engllfh,  Scotch, 
and  Irifii,  but  the  firft  and  the  lalt  are  moft  numerous. 
The  epifcopalians  in  this  county  are  fo  inconfiderable,  that 
their  church  is  only  a  mean  log  houfe.  The  moll  confider- 
ablc  town  is  Kingfton,  fituated  about  two  miles  from  Hud- 
fon's river.  It  contains  about  one  hundred  and  fifty  houfes, 
moftly  of  (lone  ;  Is  regularly  laid  out  on  a  dr\',  level  fpot ; 
and  has  a  large  ftone  church  and  court-houfe  near  the  cen- 
tre. It  is  thought  to  refemble  Schenec'tady,  but  far  exceeds 
it  in  its  elevadon.  On  the  north  fide  of  the  town,  the 
Efopus  Kill  winds  th^ongh  rich  and  beautiful  lawns.  The 
people  of  Ulfter  having  long  enjoyed  an  undilturbed  tran- 


OF  NEW-YORK. 


quIUity,  are  fome  of  the  moft  opulent  fanners  in  the  whole 
colony. 

This  county  is  moft  noted  for  fine  flour,  beer,  and  a  good 
breed  of  draught  horfes.  At  the  couimencement  of  the 
range  of  the  ApalAchian  hills,  about  ten  miiesfrom  Hudfon's 
river,  is  an  inexliauitible  quairy  of  niillftones,  which  far 
exceed  tho.'e  from  Colen  in  Europe,  formerly  imported 
here,  and  fold  at  Sol.  a  pair.  The  Mai  bletown  millftones 
colt  not  a  fourth  part  of  that  fum.  This,  and  the  counties 
of  Duchefs  and  Orange,  abound  with  limeftone  :  and  on 
the  banks  of  Kudfon's  river,  are  found  great  bodies  of  blue 
flate. 

The  principal  villages,  befides  Kingfton,  are  Marbletown, 
Hurley,  Rocheller,  New  Paltz,  and  the  Wall-kill,  each  of 
which  is  furrounded  with  fine  tracts  of  low  land.  The  mi- 
licia  of  UUler  is  about  fifteen  or  lixteen  hundred  men  and 
a  company  of  hoile. 

ORANGE 

COUNTY  13  divided  by  a  range  of  mountains,  ftretch- 
ing  weftward  from  Hudfon's  river,  called  the  high- 
lands. On  the  north  fide,  the  lands  are  very  broken,  but 
fertile,  and  inhabited  by  Scotch,  Irifli,  and  Englifh  prefby- 
terians.  The  fociety's  miflionary  in  UUler  preaches  here 
fometimes  to  a  Cim.ll  congregation  of  the  epifcopal  perfua- 
lion,  which  is  the  only  one  in  the  county.  Their  villages 
are  Gofhen,  Bethlehem,  and  Little  Britain,  all  remarkable 
for  producing,  in  general,  the  bcft  butter  made  in  the  co- 
lony. The  people  on  the  fouth  fide  of  the  mountains  are 
all  Dutch  :  and  Orange  town,  more  commonly  called  by  the 
Indian  name  Tappan,is  afmall  but  very  plealant  inland  vil- 
lage, with  a  ftone  court-houle  and  church.  The  militia  con- 
fiftsof  about  thirteen  hundred  fighting  men. 

This  county  joins  to  the  province  of  New-Jerfey  on  the 
fouth  ;  and  the  non-fcttlenient  of  the  partition-line  has 
been  the  ^reateft  obftrucftion  to  its  growth. 

There  is  a  very  valuable  trad;,  called  the  Drowned 
Lands,  on  the  north  fide  of  the  mountains,  containing 
about  40  or  50,000  acres.  The  waters,  which  defcend  from 
the  furrounding  hills,  being  but  flowly  difcharged  by  the 
river  iflaing  out  of  it,  cover  thefe  vaft  meadows  every  win- 
ter ;  and  hence  they  become  extremely  fertile.  The  fires 
kindled  up  in  the  woods  by  the  deer  hunters  in  autumn, 
are  communicated  by  the  leaves  to  thefe  meadows,  before 
the  waters  rife  above  the  channel  of  the  river,  and  a  dread- 


t  H  E  HISTORY 


ful  devouring  conflagration  over-rnns  it,  conramlng  th*' 
herbage  for  ievcial  days.  Tlie  Wall  Kill  river,  ^vhich  runs 
thrpugli  this  extcnfive,  amphibious  tra(5t,  if  I  may  ufe  thp 
exprellioii,  is  in  the  Ipring  Rored  wiih  eels  of  uncommon 
lize  and  plenty,  very  ufei'id  to  the  farmers  reliding  on  its 
banks.  The  river  is  about  two  chains  in  brea-Jtb,  where  it 
leaves  the  drowned  lands,  and  has  a  confiderable  lall.  Tl]e 
bottom  of  it  is  a  broKen  rock  :  and  1  am  informed  by  mr, 
Cliiiio!),  a  gentleman  of  ini^euuiiy  and  a  mathematical  turn, 
thiitthc  channel  mi^^ht,  foi  lefs  ilian  2,occl.  be  fufficieiiily 
deepened  to  draw  off  all  the  water  irom  the  meadoNV^. 
Some  parts  near  the  bnnk?  of  the  upland,  have  been  ahea- 
dy  redeemed  from  the  (loodf?.  Thefc.fpots  ai  e  very  fiprtile, 
and  produce  tnglifli  grafs,  hemp,  and  Indian  corn. 

The  mountains,  in  the  county  of  Orange,  are  clothed 
thick  with  timber,  and  abound  with  iron  oie,  ponds, 
and  fuie  llreams  for  iron  works.  '  oflien  is  well  fupplied 
with  white  ceda-,  and  in  fowie  parts  of  the  woods  is  found 
g  eat  plenty  of  black  wahuir. 

Before  I  proceed  lo  tlie  defcription  of  the  fpnthern  coun- 
ties, I  beg  leave  to  fay  a  few  words  concerning  Hudfob's 
river. 

Its  fourcc  has  not,  as  yet,  been  difcovcred.  We  know,  in 
general,  that  it  is  in  the  mountainous,  uninhabited  coun- 
try, berv/ecn  the  lakes  Ontario  and  Chauiplain.  In  fts 
cour.'e  fonthvvard,  it  app-oaches  the  Mohawk's  river  with- 
in a  few  miles  at  Saucondauga.  From  thence  it  runs  north 
and  norrh-ealtcrly  towards  lake  St.  Sacrament,  now  called 
lake  George,  and  is  not  above  8  or  lo  miles  diftant  from 
ii.  Thecourfe  then  to  New- York  is  very  uniform,  being  m 
the  main  fouth  12  or  1 3  **  welt. 

The  diftancc  from  Albany  to  lake  George  is  computed  at 
65  miles.  The  river,  in  that  interval,  is  navigable  only  to 
batteaus,  and  inte  iiipted  by  rifts,  which  occafion  two 
pnitages,  of  half  a  mile  each*.  There  are  three  routes 
•from  Crown  Point  to  Hudfon's river,  in  the  way  to  Albany ; 
one  thr  ovigh  lake  George,  another  through  a  branch  of  lake 
Champlaili,  b?arinrr  a  fouthern  courfe,  and  terminating  in 
a  bafon,  ^cvc.  al  miles  eaft  of  lake  George,  called  the  South 
bay.  The  third  is  by  afcending  the  Wood  Creek,  a  lhallow 
ft;  earn  about  one  hundred  feet  broad,  which,  coming  from 


*  In  th?  paflage  from  Albany  to  fort  Edv.  ard,  the  whole 
land  carriage  is  about  rwelve  or  thirteen  miles.  '  ^ 


GF    NEW -  YORK. 


32t 


tli.c  fouth-eaft,  empties  itfelf  into  the  fcuth  branch  of  the 
lake  Champ! ain. 

The  place,  where  thefe  routes  meet,  on  the  banks  of  Hnd- 
fon's  river,  is  called  the  carrying  place.  Here  fort  Lyman, 
fince  called  fort  Edward,  is  built :  bat  fort  William  Henry, 
a  much  ftronger  garrifon,  was  erecfted  at  the  foutii  end  of 
lake  George,  after  the  repulfe  of  the  French  forces  under 
the  command  of  baron  Diefl^au,  on  the  8th  of  September, 
1755.  General  Shirley  thought  it  more  advifable,  to 
ftrengthen  fort  Edward,  in  the  concurrence  of  three  routes, 
than  to  erect  the  other  at  lake  George,  17  miles  to  the 
northward  of  it,  and  wrote  a  very  pi  effing  letter  upon 
that  head  to  fir  William  Johnfon  who  then  commanded  the 
provincial  troops. 

The  banks  of  Hudfon's  river  are,  for  the  moft  part,  rocky 
cliffs,  efpecially  on  the  weftern  Ihore.  The  paflaj^e  through 
the  highlands,  affords  a  wild,  romantic  fcene,  for  fixteen 
miles,  through  iteep  and  lofty  mountains.  The  tide  flows  a 
few  miles  above  Albany.  The  navigation  is  fafe,  and  per- 
formed infloops  of  about  40  or  50  tons  burden,  extiemely 
w^ell  accdmmodated  to  the  river.  About  fixty  miles  above 
the  city  of  New-York,  the  water  is  frefh,  and,  in  wet  fea- 
fons,  much  lower.  The  river  is  flored  wich  variety  of  fifh, 
which  renders  a  fumnier's  paflage  to  Albany,  exceedingly 
diverting  to  fuch  as  are  fond  of  angling. 

The  advantages  t  this  river  for  penetrating  into  Cana- 
da, and  protecting  the  fourhern  colonies  from  the  irrup- 
tions of  the  French,  by  fecuring  the  command  of  the  lakes, 
and  cuttmg  off  the  communication  belw^een  the  V\  ench  iet- 
tlements  on  St.  Lawrence  and  the  Miffiffippi,  though  but 
lately  attended  to,  muft  be  very  apparent  to  every  judicious 
obferver  of  the  maps  of  the  inland  part  of  North  America. 

The  French,  as  appears  from  the  intended  ii  vafion,  in 
1689,  have  long  eyed  the  Englif!i  poUefiion  of  this  pro- 
vince with  jealoufy  ;  and  it  becomes  us  to  fall  upon  every 
method  for  its  protection  and  defence. 

The  fingular  conveniency  of  Hudfon's  river  to  this  pro- 
vince in  particular,  was  fo  fully  fhown  in  one  of  the  late 
papers,  publifhed  in  1755,  under  the  title  of  the  Inde- 
pendent Reflector,  that  I  cannot  help  reprinting  the  paliage 
relating  to  it. 

"  High  roads,  which,  in  mofr  trading  countries,  are  ex- 
tremely expenfive,  and  awake  a  continual  attention  for 
their  reparation,  demand  from  us,  comparatively  fpeaking, 
fcarce  any  public  notice  at  all.  The  whole  province  is  con- 
tained in  two  narrow  obloiigs,  extending  from  the  city  eafjb 


ili  • '  f  II  E  HISTORY 

an  l  north,  hiving  water  carriage  fi  oni  the  extremity  of  one, 
a  id  t'rojn  the  diitance  of  one*  iiuiidred  and  fixiy  miles  of 
tlie  other  ;  a^i-l  by  ihc  molt  accurate  calculation,  has  not, 
at  a  medi  iin,  above  twelve  miles  of  land  carriage,  through- 
put its  v/!iole  txttiit.  This  is  one  of  the  itrongelt  motives 
to  the  Ic.ilement  of  a  new  country,  as  it  affords  the  eaficft 
and  molt  fpccdy  conveyance  from  the  remoteft  diitances, 
and  at  the  lowcll  expcnfe.  The  eftects  of  this  advantage 
a.  e  greater  than  we  ufually  oblei  vc,  and  arc  therefore  not 
fafhciently  admired. 

The  p:ovlnce  of  Pennfylvania  has  a  fine  foil,  and 
through  the  im])ortation  of  Germans,  abounds  with  inha- 
bitants ;  but  being  a  vail  inland  country,  its  produce  muft, 
of  confequcnce,  be  bi  ought  to  a  market  over  a  great  extent 
of  ground,  and  all  by  land  carriage.  Hence  it  is,  that  Fhi- 
1-uU  lphia  is  crouded  with  waggons,  carts,  horles,  and  their 
drivers  :  a  Itranger,  at  Lis  firlt  entrance,  would  imagine  it 
to  be  a  place  of  tiaffic,  beyond  any  one  town  in  the  colo- 
nies :  while  at  New  Yo:k,  in  particular,  to  which  the  pro- 
dureof  the  country  is  all  brought  by  water,  there  is  more 
buiinefs,  at  leaft,  bufnicfs  of  profit,  though  with  lefs  fhow 
and  appearance.  Not  a  boat  in  our  river  is  navi^ted  with 
more  tlian  two,  or  three  men  at  moft  ;  and  thele  are  per- 
petually coming  in  from,  and  returning  to,  all  parts  of 
the  adjacent  country,  in  the  fame  employments,  that  fill 
the  city  of  Philadelphia  with  fome  hundreds  of  men,  who, 
ill  refpeift  to  the  public  advantage,  may  juftly  be  fiiid,  to  be 
laborioufly  idle  :  for,  let  any  one  nicely  compute  the  ex- 
penfe  of  a  waggon,  wiih  i:s  tackling  ;  the  time  of  two 
men  in  attending  it ;  their  maintenance  ;  four  horfes,  and 
the  charge  of  their  provender,  on  a  journey  of  one,  though 
they  often  come,  two  hundred  miles ;  and  he  will  find, 
thefe  feveral  pa  riculars  amount  to  a  fum  far  from  being 
inconfidcrable.  All  this  time,  the  New  York  fanner  is  in 
the  coarfe  of  his  proper  bufinefs,  and  the  unincumbered 
acquifi:ioiiS  of  his  calling  ;  for,  at  a  medium,  there  is 
fcarce  a  farmer  in  the  province,  that  cannot  tranfport  the 
frui*:1  of  a  year's  labour,  fi  om  the  beft  farm,  in  three  days 
at  a  proper  feafon,  to  fome  convenient  landing,  where  the 
market  will  be  to  liis  farisfa.^tion,  and  all  the  wants  from 
the  merchant,  cheaply  fupplied  ;  befides  which,  one  boat 
fhall  {leal  into  the  har  bour  of  New  York,  with  a  lading  of 
more  burden  and  value,  than  forty  waggons,  one  hundred 
and  fixry  horfes,  and  eighty  men,  into  Philadelpiiia  ;  and 
perhaps  with  lefs  noife,  bhifter,  or  fhow  than  one. 

FiOwligious  is  the  advantage  we  have  in  this  article 


OF    N  E  W  -  Y  O  R  K. 


alone,  I  faall  not  enter  into  an  abftnife  calculation,  to  evince 
the  exact  value  of  it,  in  all  tlie  lights  in  which  it  may  be 
confidere<3.  Thus  much  is  certain,  that  barely  on  account  of 
our  eafy  carriage,  the  profits  of  farming  ^A  iih  us,  exceed  thofe 
in  Pennfylvania,  at  lead  hy  thirty  per  cent,  and  tha.  differ- 
ence, in  favour  of  our  farmers,  is  of  itfelf  iufficient  to  enrich 
them  ;  Avhile  the  others  find  the  difadvaniage  they  are  expo- 
fed  to,  fo  heavy,  (efpeciatly  the  remote  inhabitants  of  their 
country)  that  a  bare  f.ibfiflcnce  is  all  they  can  reafonably 
hope  to  obtain.  Take  this  province  throughout,  the  expenfc 
of  tranfportinff  a  bufhel  of  wheat,  is  bat  two  pence  for 
the  diftance  ot  one  hundred  miles  :  but  the  fame  quantity, 
at  a  like  diflance  in  Pennfylvania,  will  always  exceed  us 
one  Ihilling  at  leail.  The  proportion  between  us,  in  the 
conveyance  of  everything  clfe,  is  nearly  the  fame.  Hov/ 
great,  then,  are  the  incumbrances  to  wiiich  they  are  ex- 
pofed  !  What  an  immense  charge  is  faved  to  us  1  how  fen- 
fible  mult  the  embarraflinents  they  are  lubject  to,  be  to  a 
trading  people  I" 

RICHMOND 

COUNTY  confi's  of  Staten  Ifland,  which  lies  nine 
miles  fonth  weftward  from  the  ciry  of  New  York.  It 
is  alyut  eighteen  miles  lons^aiiu,  at  a  medium,  fix  or  fcven 
in  breadth.  On  the  foutli  fide  is  a  conficierable  tract  of  good 
level  land  j  bat  the-  iilaui  is,  in  general,  rough,  and  the 
hills  high.  The  inhabitants  are  principally  Dutch  and 
French.  The  former  have  a  church  :  but  the  latter  havirxg 
-teen  long  without  a  miniflcr,  refort  to  an  epifcopal  church 
i;i  Richmond  town,  a  poor  mc?n  village,  and  the  only  one 
on  the  ifland.  The  paribn  of  the  parifli  receives  40I.  per 
annum,  raifed  by  a  tax  upon  the  county. 

Southward  of  the  main  coaft  of  this  and  the  colony  of 
Coiinecl:icut,  lies  Long  liland,  called  b)^  the  Indians,  ]V!a- 
towacs,  and  named,  according  to  an  ac"t  of  ailembly  in  king 
William's  reign,  Naflau.  Its  length  is  computed  at  1 20  miles, 
and  the  mean  breadth,  twelve.  The  lands  cn  the  north  and 
fouth  fide  are  good,  but  in  the  middle,  fandy  and  barren. 
The  fouthern  fliore  is  fortified  agahift  any  invafion  from 
the  fea,  by  a  beach  inacceflible  to  fhips,  and  rarely  to  be  ap- 
proached, even  by  the  fmallefl  long  boats,  on  account  of 
the  furge,  which  breaks  upon  it  with  great  fury,  even 
when  the  winds  are  light.  The  coafl:,  ealt  and  weft,  ad- 
mits of  regular  foundings  far  into  the  ocean  ;  and  as  the 
lai:^  are,  in  general,  low  for   feveral  hundred  miles. 


THE  HISTORY 


nothing  can  be  more  advantageous  to  our  fliips,  than  the 
high  liinds  oF  Neverfink,  near  the  entrance  at  the  Hook, 
which  are  fcavce  fix  miles  in  length,  and  often  fecn  thirty 
leagues  from  the  Tea.  This  illand  affords  the  fincft  rozds 
in  America,  it  being  very  level  and  but  indifferently  >va- 
tered.  It  is  divided  into  three  counties. 

K     I     N     G  '  S 

COUNTY  lies  oppofire  to  New  York,  on  the  north  fide 
of  Long  Ifl  uul,  The  inhabitants  arc  all  Dutch  ;  and, 
enjoying  a  good  foil,  near  our  markets,  are  generally  in  ea- 
fy  circutnllances.  The  countv,  wliich  is  very  fmall,  is  fettled 
in  every  part,  and  contains  fcvcral  pleafant  villages,  viz, 
Bulhwick,  Brooklyn,  Bedford,  Klat  Buih^  Flat-Lands,  Kevr- 
Utrechr,  aad  Gravcfcnd. 

(QUEEN'S 

COUNTY  is  more  extcnfivc,  and  equally  well  fettled. 
The  principal  towns  arc  Jamaica,  Hempflcad,  Flulh- 
ing,  Newtown  and  Oyfterbay.  Hempflcad  pi? in  is  a  large, 
level,  dry,  champain  heath,  about  fixteen  miles  long, 
and  fix  or  feven  wide,  a  common  land  belonging  to  the 
towns  of  Oyfterbay  and  Hempftead.  The  inhabitants  are 
divided  ituo  Dutch  and  Knglifh  prefbyterians,  epifcopalians, 
and  quakcrs. 

Tliere  are  but  two  epifcopal  miffionaries  in  this  county, 
one  fettled  at  Jamaica,  and  the  other  at  Hempftead  :  and 
er.:h  of  them  receives  6ol.  annually,  levied  upon  all  the  in- 
habitants. 

SUFFOLK 

INCLUDES  all  the  eaftcrn  part  of  Long  Ifland,  Shelter 
inand,Fi!he!-'s  Ifland,  Plumb,  Ifland,  and  the  Ifle  of  White. 
This  lar^e  county  has  been  long  fettled,  and  except  onefmall 
epifcopal  congregation,  confifts  entirely  of  Englifh prefbyte- 
rians. Itsprincipal  towns  are  Huntingdon,  Smith-town, Brook- 
haven,  Southampron,  South-hold,  and  Eaft-hampton.  The 
farmers  are,  for  the  moft  part,  graziers  ;  and,  living  very  re- 
mote from  New  York,  a  great  part  of  their  produce  is  carried 
to  ma-^kets  in  Bofton  and  Rhode  IfLand.  The  Indians,  who 
were  formerly  numerous  on  this  ifland,  are  now  become 
very  inconfiderable.  Thofe  that  remain,  generally  bind 
themfelves  fervants  to  the  Engiiih.  The  whale  fifhery,  oa 


OF    NEW- YORK. 


the  foiith  fide  of  the  illand,  has  declined  of  late  years, 
through  the  fcarcity  of  whales,  and  is  now  almoit  entirely 
neglected. 

The  Elizabeth  Iflands,  Nantucket,  Martin's  Vineyard, 
&c.  and  Pemy  Quid,  which  anciently  formed  Duke's  and 
the  county  of  Corn wal,  are  now  under  the  jurifdicftion  of 
the  Maflachufetts  bay.  Sir  William  Phips  demanded  them 
of  governor  Fletcher,  in  February  1692-3,  not  long  after 
the  new  charter  to  that  province  :  but  the  government  here 
was  then  of  opinion,  that,  that  colony  was  not  entitled  to 
any  iflands  weitward  of  Nantucket. 

An  eftimate  of  the  comparative  wealth  of  our  counties, 
may  be  formed  from  any  of  our  aficfiinents.  In  10, cool, 
part  of  a  45,0001?  tax  laid  in  1755,  the  proportions,  fettled 
by  an  adt  of  aliembly,  flood  thus : 

New  York,  o  o 

Albany,  1,060  o  o 

King's,  484  o  o 

Queen's,  1,000  o  o 

Suffolk,  860  o  Q 

Richmond,  504  o  o 

Weft-Chefter,  1,000  o  o 

UliVer,  860  o  o 

Duchefs,  800  o  o 

Orange,  300  o  o 

10,000  o  o 


CHAP.  II. 


Of  the  inhabitants. 


THIS  province  is  not  fo  populous  as  fome  have  imagined. 
Scarce  a  third  part  of  it  is  under  cultivation.  The  co* 
iony  of  Connecticut,  which  is  vallly  inferior  to  tliis  in  its 
extent,  contains,  according  to  a  late  authentic  enquiry, 
above  1 3^,000  inhabitants,  and  has  a  militia  of  27,000  men  ; 
but  the  militia  of  New-York,  according  to  the  general  efti- 
mate, does  not  exceed  18,000.  The  whole  number  of  fouls  i$ 
computed  at  100,000. 


326 


THE  HISTORY 


Many  haye  been  tlic  cUfcouragemeDts  to  die  fetlcment  of 
this  colony.  The  French  and  Indian  irrupiions,  to  which 
Nvc  liave  always  been  cxpoCcd,  have  driven  many  families 
into  N'ew-Jcrfcy.  At  home,  tiie  Britirti  acts  for  the  tran- 
iportation  of  felons,  have  brought  all  the  American  colonics 
inLo  difcredit  with  the  indullrious  and  honert:  poor,  both  in 
tlie  kingdoms  of  Great-Britain  and  Ireland.  The  mifchievous 
tendency  of  thofe  laws  wab  ilioN^-n  in  a  lite  paper,  which  it 
liiay  not  be  imp  oper  to  lay  before  the  reader*. 

*^  It  is  too  well  known,  that  in  purfiiancc  of  divers  zSt%  of 
parliament,  g  eat  numbers  of  fellows,  who  have  forfei  ed 
their  lives  to  the  pa'olic,  fo/  the  moft  atrocious  crimes, 
are  annually  tianf]>oritd  from  home  to  thefe  plantations. 
Very  furpriilng  one  would  think,  that  thieves,  b  irgla  s, 
pickpockets,  and  cut-pm  fes,  and  a  herd  of  the  moH:  flagi- 
tious banditti  upon  earth,  fliould  be  font  as  agreeable  com- 
panions to  us  !  That  the  fiiprcme  leginarurc  did  intend  a 
tranfpo nation  to  America,  for  a  punhhmenr  of  thefe  vil- 
lains, I  verily  b?Ucvc :  but  fo  great  is  the  miftakp.  that 
confident  I  am,  they  are  thereby,  on  the  contrary,  liighly 
rewarded.  For  what,  in  God's  name,  can  be  mo'  C  ag'"eeable 
to  a  pcir.irious  wrcrch,  d.iven,  through  neccfli'.y,  to  feek  a 
livelili^d  by  breaking  of  houfes,  and  robbing  upon  the 
king's  highway,  than  to  be  faved  from  the  halter,  redeem- 
ed from  the  itench  of  a  jail,  an  1  tranfportcd,  paflige  free, 
into  a  countiy,  where,  being  unknown,  no  man  can  re- 
proach him  with  his  crimes  ;  where  labour  is  hich,  a  liitle 
of  which  will  maintain  him ;  and  where  all  his  expenfes 
will  be  moderate  and  low.  There  is  fcarce  a  thief  in  Eng- 
land, that  would  not  rather  be  tranfported  than  hanged. 
Life  in  any  condition,  but  tha:  of  extreme  mifcry,  will  be 
preferred  to  death.  As  long,  therefore,  as  there  remains 
this  wide  door  of  efcape,  the  number  cf  thieves  and  robbers 
at  home,  will  perpetually  multiply,  and  their  depredations 
be  inceilantly  reiterated. 

Rut  the  acfts  were  intended,  for  the  better  peopling  the 
colonies.  And  vrill  thieves  and  murderers  be  conducive  to 
that  end  ?  what  advantage  can  we  reap  from  a  colony  of 
unreft'  aln-^ble  rencgadoes  ?  will  they  exalt  the  glory  of  the 
ciown  ?  or  razher,  will  not  the  dignity  of  the  moft  illr.flri- 
ous  monarch  in  the  wd  Id,  be  fullied  by  a  province  of  Hib- 
jecls  fo  lawlcfs,  deteftable,  and  ignominious  ?  can  agricyl- 
ture  be  promoted,  when  the  wild  boar  of  the  foreft  breaks 


*  The  independent  refieclor. 


OF  N  E  W .  y  O  R  K. 


down  oiirhe(^ges  and  pulls  up  oar  vines?  will  trade  flourifli, 
or  manufadtmes  be  encouraged,  where  property  is  made  the 
fpoil  of  fach  who  are  too  idle  to  woik^  and  wicked  enough, 
to  murder  and  tteal  ? 

"  Belides,  are  we  not  flibjeAs  of  the  fame  king,  with  the 
people  of  ii^n^land — members  of  the  fame  body  politic,  and 
therefore  entitled  to  equal  privileges  with  them  I  if  fo,  how 
injurious  does  it  feem  to  free  one  part  of  the  dominions, 
from  the  plagues  of  mankind,  and  call  them  upon  another? 
Should  a  law  be  propoled,  to  tal:e  the  poor  of  one  panih, 
and  billet  them  upon  another,  would  not  all  the  world, 
but  the  parifli  to  be  relieved,  exclaim  agaiiill  fuch  a  project, 
as  iniquitous  and  abliird  ?  Should  the  numberlefs  villains  of 
London  and  Weftminlter  be  fuffered  to  efcape  from  their 
prifons,  to  range  at  large,  and  depredate  any  other  part  of 
the  kingdom,  would  not  every  man  join  with  the  fufferers, 
and  condemn  the  meafure  as  hard  and  unreafonable  ?  And 
though  the  hardfhips  upon  us,  ai  e  indeed  not  equal  to  thofe^ 
yet  the  miferies  that  flow  from  laws,  by  no  means  intended 
to  prejudice  us,  are  tco  heavy,  not  to  be  felt.  But  the  co- 
lonies nnift  be  peopled.  Agreed :  and  will  the  tranfportation 
adls  ever  have  that  tendt^ncy  ?  no,  they  work  the  contra- 
ry way,  and  counteract  their  own  defign.  We  want  people, 
'tis  true,  but  not  villains,  ready  at  any  time,  encouraged  by 
impunity,  and  habituated  upon  the  llighteft  occalions,  to 
cut  a  man's  throat,  for  a  fmall  part  of  his  property.  The 
delights  of  fuch  company,  is  a  noble  inducement,  indeed, 
to  the  honeft  poor,  to  convey  themfelves  into  a  ftrange 
country.  Amidtt  all  our  plen:y,  they  will  have  enough  to 
exercife  their  virtues,  and  fcand  in  no  need  of  the  aflbciation 
iDf  fuch,  as  will  prey  upon  their  property,  and  gorge  theni-- 
Telves  w4th  the  blood  of  the  adventurers.  They  came  over 
in  fearch  of  happinefs  ;  rather  than  ftarve,  will  live  any 
where  ;  and  would  be  glad  to  be  excufed  from  fo  afllid;ing 
an  antepart  cf  the  vormenrs  of  hell.  In  reality,  fir,  thefe 
very  laws,  though  otherwife  defigned,  have  turned  out, 
in  the  end,  the  moft  elfecflual  expedients  that  the  art  of 
man  could  have  contrived,  to  prevent  the  fettlement  of 
thefe  remote  parts  cf  the  king's  dominior.s.  They  have 
acftually  taken  away  almolt  every  encouragement  to  fo  laud- 
able a  defign.  I  appeal  to  facets.  The  body  of  the  Englifh  are 
ftruck  witn  terror  at  the  thought  of  coming  ever  to  us, 
not  becaufe  they  have  a  vaft  ocean  to  crofs,  or  leave  behind 
them  their  friends  ;  or  that  the  country  is  nev/  and  unculti- 
vated :  but  from  the  Ihocking  ideas,  the  mind  muft  necefla- 
vily  form,  of  the  company  of  inhuman  favages,  and  the 


228 


THE  HISTORY 


more  terrible  herd  of  exiled  malefacftors.  There  are  thoiH 

funds  of  hoJicft  men,  labouring  in  Europe,  at  four  pence  a 
day,  llarving  in  fpite  of  all  tlicir  efforts,  a  dead  weight  to 
the  refpective  pariflies  to  which  they  belong ;  who,  with- 
out any  other  tjualifications  ilian  connnon  lenle,  health, 
and  Itrengih,  might  accumulate  eilates  among  us,  as  many 
have  done  already.  Thcl'e,  and  not  the  otiicrs,  are  the  men 
that  fliould  be  lent  over,  for  the  belter  peopling  the  planta- 
tions. Great- Britain  and  Ireland,  in  their  prefent  cirtum- 
llanccs,  are  ovcrltocked  with  them  ;  and  he  who  would 
innnortalize  hin.ltlf,  lor  a  lover  of  mankind,  fhould  con- 
cert a  fc  hcme  for  the  tranfportation  of  the  induilrioully 
honell  abroad,  and  the  immediate  punilhment  of  rogues 
an<l  ]>lundcrers  at  home.  The  pale-faced,  half-clad,  meagre, 
and  Itarved  Ikeletons,  that  are  fcen  in  every  -village  of  thofe 
kinnjdoms,  call  loudly  for  the  jiatriot's  generous  aid.  The 
plantations,  too,  would  thank  him  for  his  alliilance,  in  ob- 
taining the  repeal  of  thofe  laws,  which,  though  otherwife 
intended  by  the  legiflature,  have  fo  unhappily  proved  in- 
jurious to  his  own  countiy,  and  ruinous  to  us. — It  is  not 
long  fnice  a  bill  pailcd  the  commons,  for  the  employment 
of  fuch  criminals  in  his  majelty's  docks,  as  fhould  merit  the 
gallows.  The  deiign  was  good.  It  is  confillent  with  found 
policy,  that  all  thofe,  who  have  forfeited  their  liberty  and 
lives  to  their  country,  fhould  be  compelled  to  labour  the 
relidiieof  their  days  in  its  fervice.  But  the  fcheme  was  bail, 
and  wifely  was  the  bill  rejected  by  the  loi-ds,  for  this  only 
rcaibn,  that  ir  had  a  natural  tendency  to  difcredit  the  king's 
yards  :  the  confcquences  of  which  mult  have  been  prejudi- 
cial to  the  whole  nation.  Jufl  fo  ought  we  to  reafon  m  the 
prefent  cafe  ;  and  we  fliould  then  foon  be  brought  to  con- 
clude, that  though  peopling  the  colonies,  which  was  the 
laudable  motive  of  the  legiflature,  be  expedient  to  the 
p  iblir  ;  abrogaiing  the  tranfportation  laws,  mull  be  equal- 
ly neceflary 

The  bigotry  and  tyranny  of  fomc  of  our  governors,  to- 
gether with  the  great  extent  of  their  grants,  may  alfb  be 
cnniidcrcd  among  the  difcouragements  againft  the  full  fer- 
tlemrnt  of  the  province.  Molt  of  thefe  gentlemen  com- 
int;;  over  with  no  other  view  than  to  raife  their  owu 
fortunes,  illiisd  extravagant  patents,  charged  witii  fmall 
quit  rents,  to  fuch  as  were  able  to  ferve  them  in  al- 
f  mbly  :  and  thefe  patentees  being  generally  men  of  ef- 
ta  .es,  have  rated  their  lands  fo  exorbitantly  high,  that  \ery 
few  poor  perfbns  could  either  parchafe  or  leafe  them.  Aild 
to  all  thefe,  that  the  New-England  planters  have  always  been 
difaffedted  to  the  Durcli,  nor  M  as  there,  after  the  fun  en  - 


O  F    NEW-  Y  O  Pc  K  . 


[  der,  any  foreign  acceflion  from  the  Netherlands,  The  pre* 
Tince  being  thus  poorly  inhabited,  the  price  of  labour  be- 
came fo  enoiTiioully  enhanced,  that  we  have  been  confti  ain- 
ed  to  import  negroes  from  Africa,  who  are  employed  in  all 
kinds  of  fervitude  and  trades. 

Englilh  is  the  moft  prevailing  language  am.ong  ns,  but 
not  a  little  con-upted  by  the  Dutch  dia;Iect,  which  is  ftill  fo 
much  ufed  in  fome  counties,  that  the  IherifFs  find  it  difficult 
to  obtain  perfons  fufficiencly  acquainted  with  the  Englifh 
tongue,  to  ferve  as  jurors  in  the  courts  of  law. 

The  manners  of  the  people  differ,  as  well  as  their  lan- 
guage. In  Suffolk  and  Qiieen's  county,  the  firfl  fettlers  of 
which  were  either  natives  of  England,  or  the  immediate 
defcendants  of  fuch  as  began  the  plantations  in  the  eaflern 
colonies,  their  cuftoms  are  fimilar  to  thofe  prevailing  in  the 
Englifh  counties,  from  whence  they  originally  fprang.  In  the 
city  of  New- York,  through  our  intercom  le  with  Europe- 
ans, we  follow  the  London  fafhions ;  though,  by  the  time 
we  adopt  them,  they  become  difufed  in  England.  Our  af- 
fluence during  the  late  war,  introduced  a  degree  of  luxury 
in  tables,  drefs  and  furnitur**,  with  which  we  were  before  un- 
acquainted. But  Itill  we  are  not  fo  gay  a  people  as  our  neigh- 
bours at  Bolton  and  feveral  of  the  foutliern  colonies.  The 
Dutch  counties,  in  fome  meafure,  follow  the  example  or 
New- York,  but  ftill  retain  many  modes  peculiar  to  the  HoK 
landers. 

The  city  of  New-York  confifls  principally  of  merchants, 
fhopkeepers,  and  tradcfmen,  who  fultain  the  reputation  of 
lioneft,  punctual  and  fair  dealers.  With  refpect  to  riches, 
there  is  not  fo  great  an  inequality  among  us,  as  is  common  in 
Boflon,  and  in  fome  other  places.  Every  man  of  induftry  and 
integrity  has  it  in  his  power  to  live  well,  and  many  are  the 
inftances  of  perfons,  who  came  here  diibreiied  by  their  po- 
verty, who  now  enjoy  e:xfy  and  plentifid  fortunes, 

New-York  is  one  of  the  mo!l  focial  places  on  the  contin- 
ent. The  men  colledt  themfelves  into  weekly  eve:iingclubs. 
The  ladies,  in  winter,  are  frequently  entertained  either  at 
concerts  of  muiic  or  alfemblies,  and  make  a  very  good  ap- 
pearance. They  are  comely,  and  drefs  well  ;  and  fcarce  any 
of  them  have  diftorted  fhapes.  Tinc^tured  with  a  Dutch  edu- 
cation, they  manage  the-ir  families  with  becoming  parfi- 
mony,  good  providen<J^,  -and  lingular  neatncfs.  The  prac- 
tice of  extravagant  gaming,  common  to  the  falhionable  part 
of  the  fair  fex,  in  fome  places,  is  a  vice  with  which  my 
countrywomen  cannot  juftly  be  charged.  Theieis  nothing 
they  fb  generally  neglccl,  as  reading,  and  indeed  all  the  art^ 


THE  HISTORY 


for  the  impi  ovemeiit  of  tlic  mmd,  in  wliich,  1  confcis,  we 
have  fee  tliein  ihe  example.  Tbcy  are  modeft,  tcinpciaic, 
aiid  charitiible  ;  naturally  fprighiiy,  lenllblc,  and  good-hu- 
moured ;  and,  by  the  help  ol  u  more  elevated  education, 
AvouUl  polJtls  all  the  acconipllfiiments  dclirable  in  the  lex. 
Our  Ichools  are  in  the  lowed  order  ;  the  inllruCtors  ^vant 
inltruction,  and  through  a  long,  fliameful  neglect  of  all  the 
arts  ajid  Itiences,  our  common  fpeech  is  extreniely  coriupt  ; 
and  the  evidences  of  a  bad  taite,  both  as  to  thought  and 
language,  are  vifible  in  all  our  proceedings,  public  and 
private. 

The  people,  both  in  town  and  country,  are  fober,  induf- 
trious/and  iiolpiiablc,  though  intent  upon  gain.  1  he  richer 
lore  keep  vci  y  }>lcntiful  tables,  abounding  with  great  varieties 
of  fielii,  lilh,  fowl,  and  all  kinds  of  vegetables.  The  com- 
mon drinks  are  beer,  cyder,  weak  punch,  and  Madeira  wine. 
For  deiert,  we  have  fruits  in  valt  plenty,  of  diflerent  kinds 
and  various  fpecies. 

Gentlemen  ol'  ellates  rarefy  refide  in  the  country,  and 
hence  few  or  no  experiments  have  yet  been  made  in  agricul- 
ture, l  lie  farms  being  large,  our  hulbaudmen,  for  that  rea- 
fon,  have  Utile  recourfe  to  art  for  manuring  and  improv- 
ing their  lands  ;  but  it  is  faid,  that  nature  has  furniflied  us 
with  fullicicut  helps,  whenever  necelhiy  calls  us  to  ufe  them. 
It  is  much  owing  to  the  difproportion  between  the  number 
of  our  irihabiiarii!:,  and  l1»c  vail  tracts  remaining  ftill  to 
be  fcitled,  tluiL  we  have,  as  yet,  entered  upon  icarce  any 
other  mauul'aclures,  than  fuch  as  arc  indifpcnfibly  neceflary 
for  our  home  convenience.  Felt-making,  which  is  perhaps 
the  molt  natural  of  any  we  could  fall  upon,  was  begun  fome 
years  ago  ;  and  hats  w  ere  exported  to  the  Welt  Indies  with 
great  mccefs,  till  lately  prohibited  by  an  acSt  of  parlia- 
ment. 

The  inhabitants  of  this  colony  are  in  general  healthy  and 
robuft,  taller  but  (horier  lived  than  Europeans,  and,  both 
with  refpcct  to  their  minds  and  bodies,  arrive  fooner  to  an 
age  of  maturity.  Breathing  a  ferene,  dry  air,  they  are  more 
fprightly  in  their  natural  tempers,  than  the  people  of  Eng- 
land ;  and  hciice  inftances  of  fuicide  are  here  very  uncom- 
mon. The  hiltoryof  oin*  difeafesbelongs  to  a  profelTion  w  ith 
which  I  am  very  little  acquainted.  Few  phyficiansamongft  us 
are  eminent  for  their  Ikiil.  Quacks  abound  like  locults  in 
Egypt  ;  and  too  many  have  recommended  themfelves  to  a 
full  pi*a(5tice  and  profitable  fubfiftence.  This  is  the  lefs  to 
be  wondered  at,  as  the  profeilion  is  under  no  kind  of  regu- 
lation. Loud  as  the  call  is,  to  our  fliame  be  it  remembered, 


OF    N  E  W  .  Y  O  R  K. 


we  have  no  law  to  protect:  the  lives  of  the  khig's  fiibjetfls, 
from  the  malpractice  of  pre':enclers.  Any  man  at  his  plea- 
fure  fets  up  for  phylician,  apothecary,  and  furgeon.  No 
candidates  are  either  examined  or  licejifed,  or  even  fworn 
to  fair  pradlice*.  The  natural  hiftory  of  this  province  Avould 
oficfelf  furniih  a  fmall  volume,  and  therefore  I  leave  this 
alfo  to  fuch,  as  have  capacity  and  leifure  to  make  ufeful  ob- 
fervations,  in  that  curious  and  entertaining  branch  of  natU7 
ral  philofophy. 

CHAP.  Ill, 


Of  cur  trade. 

THE  fituation  of  New-York  v/ith  refpeA  to  foreign  mar- 
kets, for  reafons  elfe where  affigned,  is  to  be  prefeiTed 
to  any  of  our  colonies.  It  lies  in  the  centre  of  the  Britilh 
plantations  on  the  continent,  has  at  all  times  a  Ihort,  eafy 
accefs  to  the  ocean,  and  commands  almoft  the  \yhole  trade 
of  Connecticut  and  New-Jerfey,  two  fertile  and  well-cul- 
tivated colonies.  The  projeciHon  of  Cape  Cod  into  the 
Atlantic,  renders  the  navigation  from  the  former  to  Bof- 
ton,  at  fome  feafons,  extremely  perilous ;  and  fometimes 
the  coafters  are  driven  off,  and  compelled  to  winter  in  the 
Weft-Indies.  But  the  conveyance  to  New-York,  from  the 
eaftward  through  the  found,  is  fhort  and  unexpofed  to  fuch 
dangers.  Philadelphia  receives  as  little  advantage  from 
New-Jerfey,  as  Bofton  from  Connec^ticut,  becanfe  the  only 
rivers  which  roll  through  that  province,  difembogue  not 
many  miles  from  the  very  city  of  New  York.  Several  at- 
tempts have  been  made  to  i*aife  Perth  Amboy  into  a  trading 
port ;  but  hitherto  it  has  proved  to  be  anunfeafible  project;. 
New-York,  all  things  confidered,  has  a  much  better  fitua- 
tion, and  were  it  otherwife,  the  city  has  become  too  rich  and 
confiderable,  to  be  eclipfed  by  any  other  town  in  its  neigh- 
bourhood. 

r  ■  ■ 

*  The  necCility  of  regulating  the  prad:ice  of  phyhc,  and 
a  plan  for  that  purpofe,  were  ftrongly  recommended  by  the 
author  of  the  independent  refleAor,  in  1753,  ^'^'b^ii  tbe  ci- 
ty of  New- York  alone  boafted  the  honour  of  havmg  above 
fprty  gentlemen  of  that  faculty. 


232  '  T  H  E   H  I  S  T  O  R  Y 

Our  merchants  arc  compared  to  a  hive  of  bees,  who  iji. 
dultrioufly  gather  honey  for  others — non  ^lokis  vicUificatis 
ap:s.  The  profits  of  our  ti  adc  ccnirc  cUiefly  in  Great-Bri- 
tain, and  for  that  reafbn,  nieiliinks,  among  ethers,  wconght 
always  to  receive  the  generous  aid  and  proieciion  of  our  mo- 
ther country,  hi  our  traffic  with  other  ph\ccs,  tlie  balance 
is  ahnofl:  conllav^tly  in  our  favour.  Our  cxix)rts  to  the  Wdt 
Indies  are  bread,  peafe,  rye-meal,  Indian  corn,  apples,  oni- 
0)is,  hor^rtls,  ilaves,  horfts,  fliecp,  butter,  clieefe,  pickled 
oylters,  beei',  and  pork.  Flour  is  alfo  a  main  article,  of 

<  "VN'hich  tneie  is  fliippcd  about  8o,ooo  barrels  per  annum.  To 
prefer\e  the  credit  of  this  important  bri'nch  of  our  ftaple, 
T»'e  have  a  good  law,  appointing  ofTicers  to  inipcct  and 
hranil  every  cafk  before  its  exportation.  The  returns  are 
chicily  rnin,  fngar,  and  melallirs,  except  cafn  from  Ciuacoa, 
and  when  nudes,  from  the  Spanlfli  main,  are  ordered  to 
Jamaica,  and  the  windward  iflancis,  which  arc  generally 
exchanged  fjr  their  natural  produce;  for  we  receive  but  Ut- 
ile cafli  from  our  ow  n  illands.  The  balance  againft  them 
Avouldbe  much  more  in  our  favour,  if  the  indulgence  to  our 
lugar  colonics,  did  not  enable  them  to  fell  tiieir  produce  at 
a  highc'*  rate  than  cither  the  Dutch  or  French  illands. 

The  Spaniards  commonly  contract  for  provihons,  with 
merchants  in  this  and  tlie  colony  of  Pennfylvania,  very 
mudi  to  the  advantage  both  of  the  contractors  and  the  pub- 
lic, becaufe  the  returns  are  wholly  in  cafli.  Our  w  heat,  fionr, 

»  Indian  corn,  and  lumber  fliippcd  to  Liflwn  and  Madeira,  ba- 
lance the  Madeira  w  ine  imported  here. 

The  logwood  trade  to  the  bay  of  F^cnduras  is  \cYy  confi- 
derable,  and  was  pnfhed  by  our  merchants  with  great  bold- 
5ieisin  the  moil  dangerous  times.  The  exportation  of  flax- 
feed  to  Ireland  is  of  late  very  much  increafcd.  Between  the 
9th  of  December  1755,  and  ilie  2;d  of  February  following, 
we  fjiipped  off  12,52?  ho^flieads.  In  return  for  this  article, 
linens  are  imported,  and  bills  of  exch  nge  drawn,  in  f  avour 
of  England,  to  pay  for  the  dry  goods  we  pui  chafe  there. 
Our  Icgwood  is  remitted  to  the  J>iglifh  merchants  for 
the  fame  purpofe. 

Tne  fur  trade,  though  very  much  impaired  by  French 
wiles  and  enc  roachmenis,  ought  not  to  be  palled  o^er  in  fi- 
ieiice*.  The  building  of  Olwego,  has  conduced  more  than 
/any  thing  elfe  to  the  prefervation  of  this  trade.  Peltry  of 


*  It  is  computed  that  formerly,  we  exported  1  50  hogf- 
heads  of  beaver  and  other  fme  furs,  per  annum,  and  2co 
^logftieads  of  Indian-drefied  deer-fkins_,  bcfidcs  thofe  carri- 


OF    N  E  W  -  Y  O  R  K.  ^235 

all  kinds  is  purchafed  witli  nim,  ammnnition,  blankets, 
ilrouds,  and  wampum,  or  conque-fliell  bugles.  The  French 
Tur  trade,  at  Albany,  was  can-led  on  till  tiie  fummer  1755, 
by  the  Caghnuaga  profelytes  ;  and  inreturn  for  their  peltry, 
they  recei^  ed  Spanifh  pieces  of  eight,  and  ferae  o:her  arti- 
cles which  the  French  want,  to  complete  their  alibrtment 
of  Indian  goods.  For  the  favages  prefer  the  Englifti  ftrouds 
to  theirs  :  and  the  French  found  it  rheir  intereft  to  purchase 
them  of  us,  and  tranl'port  them  to  the  weftern  Indians 
on  the  lakes  Erie,  Huron,  and  at  the  ftreight  of  Millilima- 
kinac. 

Our  importation  of  dry  goods  from  England  is  fo  vaftly 
great,  that  we  are  obliged  to  betake,  ouvfelves  to  all  pofli- 
ble  arts,  to  make  remittances  to  the  Briiifh  merchants.  It  is 
for  this  purpole  we  import  cotton  from  St.  Thomas's  and 
Surinam — lime-joice  and  Nicaragua  wood  from  Curacoa — 
and  logwood  from  the  bay,  &:c.  and  yet  it  drains  us  of  all  the 
lilver  and  gold  we  can  collect.  It  is  computed,  that  the  an- 
nual amount  of  the  goods  purchafed  by  this  colony  in  Great 
Britain,  is  in  value  not  lefs  than  ioo,ccol.  ilcrling ;  ar.d 
the  fum  woidd  be  much  greater,  if  a  ftop  was  put  to  all 
clandeftine  trade.  England  is,  doubtiefs,  entitled  to  all  our 
fii  perfluities  ;  becaufe  our  general  interefls  are  clofely  ccn- 
iiected,  and  her  navy  is  our  principal  defence.  On  this  ac- 
count, the  trade  with  Hamburgh  and  Holland  for  duck, 
chequered  linen,  oznabrigs,  cordage,  and  tea,  is  certainly, 
upon  the  whole,  impolitic  and  unreafonable  ;  how  much  fo- 
ever  it  may  conduce  to  advance  the  intciell  of  a  few  mer- 
chants, or  this  particular  colony. 

By  what  meafnres  this  contraband  trade  may  be  efFecfliial- 
ly  obllru(fVed,  is  hard  to  determine,  though  it  well  deferves 
the  attention  of  a  Briiifli  parliament.  Increafuig  tiie  num- 
ber of  cuftom-houfe  oiTicers,  will  be  a  remedy  \vorfe  than 
the  difeafe.  Their  falaries  would  be  an  additional  charge 
upon  the  public  ;  for  if  we  argue  from  their  conduct,  we 
ought  not  to  prefume  upon  their  fidelity.  The  cxclufive 
right  of  the  Eail-India  company  to  import  tea,  while  the 
colonies  purchafe  it  of  foreigners  ;o  per  cent,  cheaper,  muft 
be  very  prejudicial  to  the  nation.  Our  people,  both  in 
town  and  country,  are  fuamefully  gone  into  the  habit  of 
tea-drinking  :  and  it  is  fuppofed  we  confume  of  this  com- 
modity in  value  near  io,oool.  iterling  per  annum. 


ed  from  Albany  into  New- England,  Skins  inidrefled  are 
*ifually  Ihipped  to  Holland. 


23 


"  H  E  HISTORY 


Some  arc  of  opinion,  that  the  fifliery  of  ftnrfffons,  which 
alKiuii'l  in  nuclibn's  river,  might  be  iinpro\ca  to  the  jrreat 
advaniage  of  the  colony  ;  and  that,  if  piojxrr  nicnlurcs 
were  concerted,  much  pi  ofir  v.ould  a  ilc  iVom  (]\ip-building 
and  naval  ftores.  It  is  certain  we  have  timber  in  valt 
plenty,  o^k,  wiiite  and  black  puies,  fir,  localt,  red  and 
wiiiie  inalb'jrry,  an<l  cedar;  and  perhaps  there  is  no  foil  on 
the  ^lobe,  fitter  for  the  produ(fiion  of  hemp,  than  the  low 
lands  in  thcconnty  of  Albany.  To  what  1  have  already  laid 
conce  ning  iron  ore,  a  nece(i!try  article,  1  fhail  add  an  ex- 
tract fro'.n  the  independent  redecflor. 

It  is  i^ciiei  ally  believe  1,  that  this  province abonnds  with 
a  variety  of  niinei  als.- Of  iron  in  n  irticiilar  we  have  fuch 
plenty,  as  to  be  excelled  by  no  country  in  the  wo^h.l  of  equal 
extent.  It  is  a  metal  of  inrrinfic  value  beyond  any  o.her, 
and  prefe\-able  to  the  purell  eold,  Tiie  former  is  conveited 
into  nnmbe/lefs  form*;,  for  as  many  indi^petjfible  u!es  ;  the 
larter,  fo;*  it:s  po'-rablenefs  and  lea-city,  is  only  fit  for  a 
me. limn  of  trade  :  biit  iron  is  a  branch  of  it,  and  I  am  per- 
lUaded,  will,  one  time  or  other,  be  one  cf  the  moll  valrnblc 
articles  of  our  commerce.  Onr  aininal  exports  to  Bolton, 
Bhode-Hland,  and  Connec'^ticut,  and,  fince  the  laie  a<5t  of 
parliament,  to  Kngland,  are  far  from  being  inconfiflerable. 
The  bodies  of  iron  ore,  in  the  northern  pa!  ts  of  this  pro- 
vince, are  fo  many,  their  quality  fo  good,  and  their  fmiati- 
on  fo  convenient,  in  refpect  of  wood,  water,  hearth-ftone, 
proper  fluxes,  and  carriage,  for  furnaces,  bloomeries,  and 
forges,  that  with  a  little  attention  we  might  very  foon  rival 
the  Swedes  in  tiie  pi  od lice  of  this  article.  If  any  American 
attempts  in  iron  works  have  proved  abortive,  and  difap- 
pointed  their  undertakers,  it  is  not  to  be  imputed  either  to 
the  quality  of  the  ore,  or  a  defc<^t  of  conveniences.  The 
want  of  more  workmen,  and  the  villainy  of  ihofe  we  e«ie- 
rally  have,  are  the  oidy  canfcs  to  which  we  muft  attribute 
fucii  mifcaniages.  No  man,  v.'ho  has  been  concerned  in  them 
will  difagree  with  me,  if  I  aflert,  that  from  the  founder  of 
the  furnace  to  the  mean  eft  bankhnan,  or  jobber,  they  are 
ufually  low,  proftigare,  drunken,  and  faithlefs.  And  yet, 
liuder  all  the  iimumerable  difadvantages  of  fuch  inftrumenis, 
very  la^  ge  eftates  have,  in  this  way,  been  raifed  in  fome  of 
our  colonies.  Our  fuccefs,  therefore,  in  the  iron  manufac- 
tory, is  obftructed  and  difcouraged  by  the  w  ant  of  work- 
men, and  the  high  price  of  labour,  its  necefl'  ry  confe- 
quence,  and  by  thefe  ?.lone ;  but  'tis  onr  happinefs,  that 
fuch  only  being  the  caufe,  the  means  of  redrefe  are  entire- 
ly ill  our  own  hands.  Nothing  more  is  w^antirg  to  open  a 


OF    N  E  W  -  Y  O  R  K, 


Yafi:  fund  of  riches  to  the  province,  in  tliis  branch  of  trade^ 
than  the  importation  of  foreigners.  If  our  merchants  and 
lauded  gentlemen  could  be  brought  to  a  coalition  in  this  de- 
lign,  their  private  iiitereils  would  not  be  better  advanced 
by  it,  than  the  public  emolument  ;  the  latter,  in  particular, 
would  thereby  vaitiy  improve  their  lajids,  increafe  the  num- 
ber and  raife  the  rents  of  their  tenants.  And  1  cannot  but 
think,that  if  thofe  gentlemeu,who  are  too  inactive  to  engage 
infi^ch  an  entei'prile,  would  only  be  at  the  pains  of  diawmg 
up  full  reprelentations  of  their  advantages  for  iron  works, 
and  of  publifhing  them  from  time  to  time,  in  Great-Britain. 
Ireland,  oermany,  and  Sweden;  the  province  would  fccnbe 
fupplied,  with  a  (uflicient  number  of  capable  workmen  in 
all  the  brstiiches  of  that  manufactory." 

Tile  money  ufed  in  this  province  is  filver,  gold,  Britifh 
halfpence,  and  bills  of  credit.  To  counterfeit  either  of  them 
is  felony  v/iniout  benefit  of  clergy  ;  but  none,  except  the 
latter,  and  Lion  dollars,  are  a  legal  tender.  Twelve  half- 
pence, till  lately,  pafled  for  a  Ihilling  ;  which  bemg  much 
beyond  their  value  in  any  of  the  ncjghbouring  colonics, 
the  aflembly,  in  1753,  refolvcd  to  proceed,   at  their  next 
meeting,  atter  the  ift  of  May  enfuing,  to  the  confideration 
of  a  method  for  afcertaining  their  value.  A  fet  of  gentlemen, 
in  number  feventy-two,  took  the  advantage  of  the  difcrcdit 
that  rei'blve  put  upon  copper  halfpence,  and  on  the  :?2d  of 
December,  fubfcribed  a  paper,  engaging  not  to  receive  or 
pals  them,  except  ^t  the  rate  of  fourteen  coppers  to  a  fliil- 
ling.  This  gave  rife  to  a  mob,  for  a  few  days,  among  the 
lower  clals  of  people  ;  but  fome  of  them  being  imprilbned, 
the  fchcme  was  carried  into  execution,  and  eftabiiflied  in 
every  part  of  the  province,  without  the  aid  of  a  law.  Our 
paper  bills,  which  are  ifliied  to  ferve  the  exigencies  of  the 
government,  were  ac  firii:  equal  to  an  ounce  of  ill  ver,  then 
valued  at  eight  fliillings.  Before  the  late  Spanifli  war,  filver 
and  gold  were  in  great  demand,  to  make  remittances  for  Eu- 
ropean goods,  and  then  the  bills  funk,  an  ounce  of  filver  be- 
ing worth  nine  fliiUings  and  three  pence. During  the  war,  the 
credit  of  our  bills  was  well  fupported,  partly  by  the  iium- 
ber  of  pdzes  taken  by  our  privateers,  and  tlie  high  price  of 
our  produce  abroad  ;  and  partly  by  the  logwood  trade  and 
the  depreciation  of  the  New-England  paper  money,  which 
gave  ours  a  free  circulation  through  the  ealfern  colonies. 
Since  the  war,  filver  has  been  valued  at  abont  nine  Hiillings 
and  two  pence  an  ounce,  and  is  doubtlefs  fixed  there,  till 
our  imports  exceed  wiiat  we  export.  Toailift  his  majeily  for 
reaioving  the  late  euGroachments  of  the  French,  we  have 


THE    II  I  S  T  O  R  ? 


iflued  So,oool.  to  be  funk  in  fhort  periods,  by  a  tax  oneftate^ 
real  and  perlbn  ..1 ,  and  the  w  hole  amount  of  our  paper  cur- 
rency is  thought  to  be  about  i^o,ocol. 

Never  was  the  trade  of  this  province  in  fo  flouriihing  a 
condition,  as  at  the  latter  end  of  the  late  French  war. 
Above  twenty  privateers  were  ofien  out  of  this  port  at  a 
time  ;  and  they  were  very  fucccfsful  in  their  captures. 
Provifions,  which  are  our  ilaple,  bore  a  high  price  in  the 
Welt  hulies.  The  French,  dillrelled  tlirough  a  want  of  them, 
gladly  received  our  llags  of  truce,  though  fometimcs  they 
had  bat  one  or  two  prifoners  on  board,  bccaufe  they  were 
always  loaded  with  r^our,  beef,  pork,  and  fuch  like  com- 
inodi'ies.  The  danger  their  own  vcllels  were  expofed  to, 
ijiduced  them  to  lell  their  fugars  to  us  at  a  very  low  rate. 
A  tradf  was,  at  tlie  lame  time,  carried  on  between  Jamaica 
and  the  Spanilh  main,  which  opened  a  fuie  market  to  the 
northern  colonics,  and  t!»e  returns  were,  principally,  in 
calh.  It  was  generally  thought,  that  if  the  war  had  con- 
tinued, the  gvcateft  part  of  the  produce  of  the  Spanifh  and 
French  feirlements  in  the  \V  elfc  Indies  would  have  been 
trrjifported  to  Great  Britain,  through  fome  one  or  other  of 
her  colonies ;  whence  we  may  fairly  argue  their  prodigious 
importance. 

/The  provincial  laws  relating  to  our  trade  are  not  very 
numerous.  Thole  concerned  in  them,  may  have  recourfe 
to  the  late  edition  of  ojr  acl:s  at  large,  publifhed  in  1752  ; 
and  for  this  realbn,  1  beg  to  be  excufed  from  exhibiting  afi 
tiuentertaining  fannnary  of  them  in  this  work. 

CHAP.  IV. 

Of  our  religious  jlaie. 

BY  the  acount  already  given,  of  the  rife  and  progrels 
of  the  aifts  for  fettling  a  ininiftry  in  four  counties, 
and  the  obfervations  made  concernins;  our  various  chrillian 
denominations,  I  have  in  a  great  meafure  anticipated  w  h^ 
I  atfi.  xt  intended  to  have  ranged  under  this  head. 

The  principal  difrincftions  among  us,  are  the  epifcopali- 
ans,  and  the  Dutch  and  Englilh  prelbyterians  j  the  two 
laft,  together  with  all  the  other  proteliants  in  -he  colony, 
are  fometimcs  (perhaps  here  improperly)  called  by  the  ge- 
neral name  of  difieuters  ;  and,  compared  to  them,  tii^ 
epifcopalians  are,  I  believe,  fcarce  in  the  proportion  of  one 
to  fifteen.  tTence  partly  arifes  the  general  difcontent  on  ac- 
count of  the  miniitry  aas  ;  not  fo  much  that  th«  proviiioH 


OF    N  E  W  -  Y  O  R  K. 


237 


inade  by  them  is  engrofTed  by  the  minor  feet,  as  becaufe 
the  body  of  the  people  are  for  an  equal,  Uiiiverfal  tolera- 
tion of  protellants,  and  utterly  averfe  to  any  loud  of  eccle- 
fialticai  eftablifhment.  The  dillente.-s,  though  fearlefs  of 
each  other,  are  all  jealous  of  the  epifcopal  party,  being 
apprehemlve  that  the  countenance  they  may  have  from 
home,  will  foment  a  lull  for  dominion,  and  enable  them, 
in  p.-ocefs  of  time,  to  iubjugace  and  opprefs  their  fellow 
fubjects.  Tiie  violent  meafures  of  fbme  of  our  governors 
have  given  an  alarm  to  their  fears  ;  and  if  ever  any  other 
gendemaji,  who  may  be  honoured  with  the  chief  command 
ot  the  province,  begms  to  divert  himfelf,  by  retrenching 
the  privileges  and  immunities  they  liow  enjoy,  the  con* 
fulion  of  the  province  will  be  the  unavoidable  corifcquence 
of  his  folly.  For  though  his  majefty  has  no  other  fubjec*ts 
upon  whofe  loyalty  he  can  more  firmly  depend,  yet  an  ab- 
horrence of  perfecution,  under  imy  of  its  appearances,  is  fo 
deeply  rooted  in  the  people  of  this  plantation  ;  that  as 
long  as  they  continue  their  numbers  and  intereit  in  the 
allembly,  no  attempt  will  probably  be  made  upon  the  rights 
of  confcience,  without  endangering  the  public  repofe. 

Of  the  government  of  the  Dutch  churches,  1  have  al-. 
ready  given  an  account.  As  to  the  epifcopal  clergy,  they 
are  miltionaries  of  the  En^lilh  focier^^  for  propagating  the 
gofpel,  and  ordinarily  ordained  by  the  bifnop  of  London, 
who,  having  a  com  aiilion  from  the  king  to  exe-  cife  eccle- 
fiaftical  jurifdi'ilion,  commonly  apj>oints  a  clergym.an  hers 
for  his  commillary.  The  minifters  are  called  by  the  parti- 
cular churches,  and  maintained  by  the  vohmtary  contribu- 
tion of  their  auditors  and  the  fociety's  annual  allowance, 
there  being  no  law  for  tythes. 

The  Engliili  prefoyterians  are  very  numerous.  Thofe  in- 
habiting New  York,  New  Jerfey,  Pennfylvania,  and  the 
three  Delaware  counties,  are  regularly  formed,  after  the 
manner  of  the  church  of  Scotland,  into  confiitories  or  kirk 
feflions,  prefbytenes  and  fynods,  and  will  probably  fboii 
join  in  erecting  a  general aucmbly.  The  clergy  are  ordain- 
ed by  their  fellows,  and  maintained  by  t]}eir  refpe-itive 
congregations.  I  except  thofe  mlilionaries  among  the  In- 
dians, whofe  fubfiftence  is  paid  by  the  fociecy  in  vScotland 
for  propagating  chriltian  knowledge.  None  of  the  prelby- 
terian  churches  in  this  province  are  incorporated,  as  is  the 
cafe  of  many  in  New  Jerfey.  Their  judicatories  are  upon 
a  very  pi'oper  eftablifhment,  for  they  have  no  authority 
by  legal  fanCtions  to  enforce  their  decrees.  Nor  indeed  i's 


THE  HISTORY 


any  religious  feift,  among  us,  legally  invefted  wiili  powers 
prejudicial  to  the  common  pnvileges  of  the  reft.  The  do- 
iT<inion  of  all  our  cleigy  is,  as  it  ought  to  be,  merely  fpi- 
ritual.  The  epifcopalians,  however,  fometimes  pretend, 
that  the  ecclefraftical  eftabliflmient  in  South  Britain  extends 
here  ;  but  the  whole  body  oftiie  difitnters  are  avcrfc  to 
the  doctnnc.  The  point  has  been  difputcd  with  great  fer- 
vour, and  the  fum  of  the  arguments  agauift  it  is  contained 
in  a  late  paper,  which  I  HkiII  lay  before  the  reader,  at  large, 
%vithout  any  additional  reflexions. 

It  was  publilhed  in  September  175;^,  under  the  title  of 
the      Independent  Reflector,"  and  is  in  thefe  words  : 

The  arguments  in  fupport  of  an  ccclefialVical  eftablifh- 
ment,  in  tliis  provijicc,  impartially  confidercd  and  re- 
futed. 

—    ■    Eripe  turpi 
Co!h  ju^o  :  liber,  i'lbcrfurn^  die  age,  Hor. 

M'hcthrr  the  church  of  England  is  equally  eftabllflicd  in 
I'ml*  c  olonies,  as  in  the  loutheni  parts  of  Great  Britain,  is  a 
quedion  that  has  often  been  controverted.  Thofc  who  hold 
the  aflirmative,  have  drawn  a  long  train  of  confequcnces  in 
favour  of  the  epifcopalians,  taking  it  for  granted,  that  the 
truth  is  on  their  fulc.  The  preibyteriaiis,  independents, 
congregationalills,  anabaptills,  quakers,  and  all  thofe  among 
lis,  who,  in  England,  would  fall  under  the  general  dcr.omi- 
nation  of  difliinters,  are  warm  in  the  negative.  I  beg  leave, 
therefore,  tointerpofc  in  tlie  debate;  and  as  1  promifed, 
in  the  introduvftion  to  thcfc  papers,  to  vindicate  the  reli- 
gious, as  well  as  civil  rights  and  privileges  of  my  country- 
men ;  I  ftiall  dcvore  this  paper  to  a  conhderation  of  fo  im- 
portant a  point  :  to  whicli  I  am  the  more  ftrongly  inclined, 
becaufc  fuch  ellablifliment  has  often  been  urged  againft  the 
fcheuie  I  have  propofed  for  the  conftirution  of  our  college. 
My  opinion  is,  that  the  notion  of  a  general  religious  eita- 
blifhment  in  this  province,  is  entirely  groundlefs.  Accord- 
ing tr  the  ilricft  rules  of  controverfy,  the  onus  prohandi^ox 
the  burden  of  the  proof,  lies  upon  thofe  who  affirm  the  po- 
rtion ;  and  it  would  therefore  be  fufficient  for  me  barely  to 
deny  it.  I  ftiall,  iieverthelefs,  wave  the  advantage  of  this 
rule  of  the  fchools  ;  and,  as  becomes  an  impartial  advocate 
for  truth,  proceed  to  ftate  the  arguments,  which  are  gene- 
rally urged  ill  fupport  of  an  eftabliflmient.  I  fhall  then  fliow 


OF   NEW- YORK. 


239 


their  infufficiency,  and  conclude  with  the  particular  reafons 
upon  ^vhich  my  opinion  is  founded. 

They  who  aflert,  that  the  church  of  England  is  eftablifli- 
cd  in  this  province,  never,  that  I  have  heard  of,  pretend- 
ed that  it  owes  its  eftablifliment  to  any  provincial  law  of 
our  own  making.  Nor,  indeed,  is  there  the  leaft  ground  for 
fuch  a  fuppofition.  The  acts,  that  eftablifli  a  miniftry  in 
this,  and  three  other  counties,  do  not  affect  the  whole  co- 
lony ;  and  therefore  can  by  no  means  be  urged  in  fupport 
of  a  general  eftablifhment.  Nor  were  they  originally  de- 
figned  to  eftablifh  the  epilcopalians  in  preference  or  exclu- 
fion  of  any  other  proteftants  in  thofe  counties  to  which  they 
are  limited.  But  as  the  proportion  is,  that  the  eftablifli- 
ment of  the  church  of  England  is  equally  binding  here,  as 
in  England  ;  fo,  agreeable  thereto,  the  arguments  they  ad- 
duce are  the  following  : 

Firft,  That  as  we  are  an  Englifli  colony,  the  conftitu- 
tional  laws  of  our  mother  country,  antecedent  to  the  legif- 
lature  of  our  own,  are  binding  upon  us  ;  and  therefore  at 
the  planting  of  this  colory,  the  Engliili  religious  eftablifli- 
ment immediately  took  place. 

Secondly,  That  the  act,  which  eftablifhed  the  eplfcopal 
church  in  South  Britain,  previous  to  the  union  of  England  ' 
and  Scotland,  extends  to,  and  equally  affecls,  all  the  colo- 
nies. 

Thefe  are  the  only  ar^ments  that  can  be  offered  with 
the  leaft  plaufibility  ;  and  if  they  are  iliown  to  be  incon- 
clufive,  the  poficion  is  dilprovecl,  and  the  arguments,  of 
confequence,  muft  be  impertinent  and  groun  dlefs.  I  fhaU 
begin  with  the  examination  of  t'he  firft  :  and  here  it  muft 
be  confefled,  for  undoubted  law,  that  every  new  colony, 
till  it  has  a  legillature  of  its  own,  is,  in  general,  fjbjecift  to 
the  laws  of  the  country  from  which  it  originally  fprang. 
Bat  that  all  of  them,  without  diftin cation,  are  to  be  fuppofed 
binding  upon  fuch  planters,  is  neither  agreeable  to  law  nor 
reafon.  The  laws  which  they  carry  with  them,  and  to 
which  they  are  fubjetii,  are  fuch  as  are  abfolutely  neceflary 
to  anfwer  the  original  intention  of  our  entering  into  a 
ftate  of  fociety — fuch  as  are  requifite,  in  their  new  colony 
ftate,  for  the  advancement  of  their  and  the  general  prof- 
perity — fuch,  without  which  they  will  neither  be  prctec^ced 
in  their  lives,  liberty,  or  property  :  and  the  true  reafon  of 
their  being  confidered,  even  fubjed;  to  fuch  laws,  arilcs 
from  theabfolute  neceflity  of  their  being  under  fome  kind  of 
government,  their  fupporting  a  colony  relation  and  depen- 
cience,  and  the  evident  fitnefs  of  their  fubjsdiion  to  rlit 


THE  HISTORY 


laws  of  their  mother  country,  with  which  aloiie  they  can 
be  fippofed  to  be  acquainted.  Even  at  this  day,  we  extend 
every  general  act  of  parliament  which  we  think  reafonablc 
and  fir  f^):-  us,  though  it  was  neither  defij^neJ  to  he  a  law  upon 
us,  no-  has  wonls  to  include  us,  and  has  even  Iwen  enacited 
long  fuice  we  luul  a  legillature  of  our  own.  This  is  a  prac- 
tice we  have  introduced  for  our  convcniency*  ;  but  that  the 
Englilh  laws,  fo  far  as  I  have  diiUnguilhed  dieni,  flujuld  be 
bindini!;  upon  us,  antecedent  to  our  having  a  Icginatine  of 
ouroNV!!,  is  of  ablbUite  unavoidable  necellity.  But  no  fuch 
neccfliry  can  be  pretended,  in  favour  of  the  introduction 
of  any  religious  ellabliflnnent  whaifoever  ;  bccaule,  it  is 
evident  thai  dlflerenr  focieties  do  exift  with  different  cccle- 
fiaflical  laws,  or,  Mhich  is  fufh(  icnt  to  my  purpofe,  with- 
out fuch  as  the  KngliOi  ellabliilimeiu  ;  and  that  civil  focie- 
ry,  as  it  is  antecedent  to  any  ccclelialHcal  eltabliflnnents, 
is  in  its  nature  unconnected  witii  them,  independent  of 
them,  and  all  Ibcial  happincfs  completely  attainable  without 
them. 

Secondly,  To  fuppofe  all  the  laws  of  England,  without 
difliiitition,  obligatory  upon  every  new  colony,  at  its  im- 
planra  ion,  is  abfurd,  and  would  effectually  prevent  the 
fuhjed:sfrom  undertaking  fo  hazardous  an  adventure.  Upon 
fuch  a  fuppofition,  a  ihoufuid  laws  will  be  introduced,  in- 
confif tent  with  the  ftareofa  new  country,  and  delh  udtive 
of  tiic  planters.  To  ufc  the  words  of  the  late  attorney  ge- 
Jieral,  fir  Dudley  Ryder f,  *^  It  would  be  ac^ting  the  part  of 
f  n  unfkilful  phyfician,  who  fliould  prcfcribe  the  fame  dofe 
lo  evei  V  patient,  without  diftinguifliing  the  variety  of  dif- 
tempcrs  and  conllitutions."  According  to  this  do<ftrine,  we 
are  fubjec't  to  the  payment  of  tythes,  ought  to  have  a  fpiri- 
tual  com  t,  and  inipoveriflied,  as  the  fu  ft  fettlers  of  the  pro- 
vince niuft  have  been,  they  wei  e  yet  liable  to  the  payment 
of  the  l.md  tax.  And  had  this  been  the  fenle  of  our  rulers,  and 
their  condudt  conformable  thereto,  fcarce  ever  would  our 
colonies  have  appeared  in  their  prcfent  flouri/liing  condi- 
tion ;  efnccially  it  it  be  confidered,  that  the  firfl  fettlers  of 
moft  of  them,  fought  an  exemption  in  rhefe  American  wilds, 
fj  o  n  tie  ellablifhment  to  which  they  were  fubjecfc  at  home. 

*  This  p.  actice  is  very  dangerous,  and  is  afliiming  little 
lefs  than  a  legiilarive  authority. 

f  Afterwards  lord  cliiefjuHiice  of  the  king's  bench.  Thefe 
were  his  words,  in  an  opinion  agahill  the  extent  of  t}ie 
statute  of  frauds  and  peijuries. 


OF   NEW -  YORK. 


241 


Tiiirdly,  If  the  planters  of  every  new  colony  carry  with 
;tliem  the  eftablilhed  religion  of  the  country  from  whence 
they  migrate  ;  it  follows,  that  if  a  colony  had  been  planted 
when  the  Englifh  nation  were  pagans,  the  eftabliinment  in 
fuch  colony  niuil  be  paganifm  alone  :  and,  in  like  manner, 
had  this  colony  been  planted  while  popery  was  eftablifhed 
in  England,  the  religion  of  papiils  muft  have  been  our  ef- 
tabiifhed  rclicrion  ;  and  if  it  is  our  duty  to  conform  to  the 
religion  eftablifhed  at  home,  we  are  equally  bound,  againft: 
conlcience  and  the  bible,  to  be  pagans,  papifts,  or  pro- 
tellants,  according  to  the  particular  religion  they  fhali 
pleafe  to  adopt.  A  do^ftrinc  that  can  never  be  urged,  but 
with  a  veiy  ill  grace  indeed,  by  any  proteftant  minilter. 

Fourthly,  If  the  church  of  England  is  eltablilhed  iii  this 
colony,  it  muft  either  be  founded  on  acls  of  parliament,  or 
the  common  law.  That  it  is  not  ellablifiied  by  the  firit,  I 
ihall  prove  in  the  fequel  ;  and  that  it  cannot  be  eitabliflied 
by  the  common  law,  appears  from  the  following  confider- 
ations. 

The  common  law  of  England,  properly  defined,  confifts  of 
thofe  general  laws  to  which  the  Englifh  have  been  accuftom- 
£d,  from  time,  whereof  there  is  no  memory  to  the  contrary  : 
and  every  law,  deriving  its  validity  f  rom  fuch  immemorial 
cuftom,  mill  be  carried  back  as  far  as  to  thereign  of  Richard 
I.  whole  death  happened  on  the  6th  of  April  1199.  But  the 
prefent  eftablifliment  of  the  church  of  England  was  not  till 
the  fifth  year  of  queen  Anne.  And  hence  it  is  apparent,  that 
the  eilablifliment  of  the  church  of  England,  can  never  be 
argued  from  the  common  law,  even  in  England  ;  nor  could 
be  any  part  of  it,  finceit  depends  not  for  its  validity  upon 
cuftom  immemorial.  And  therefore,  though  it  be  admitted, 
that  every  Englifh  colony  is  fubjedl  to  the  common  law  of 
the  realm,  it  by  no  means  follows,  that  the  church  of  Eng- 
land is  eftabliflied  in  the  colonies  ;  becaufe,  the  common 
law  knows  of  no  fuch  religious  eftablilhment,  nor  coniiders 
any  religious  eftablifhment  whatever,  as  any  part  of  the 
Englifh  conftitution.  It  does,  indeed,  encourage  religion  ; 
but  that,  and  a  particular  church  government,  are  things 
entirely  different. 

I  proceed  now  to  a  confideration  of  the  fecond  argument 
infilled  on,  to  pro^  an  epifcopal  eftablifhment  in  the  colo- 
nies, founded  on  the  adl  which  eftablifhed  the  church  of 
England,  pafled  in  the  fifth  year  of  queen  Anne,  recited  and 
ratified  in  the  art  for  an  union  of  the  two  kingdoms  of 
England  and  Scotland.  And  that  this  a(ft  does  not  eftablifh 
the  church  of  England  in  the  colonies,  has  beej^  fo  fully 


THE  HISTORY 


fhown  by  nir.  Hobart*,  in  his  fecond  addrcfs  to  the  epifco- 
pil  reparation  in  New  England,  that  1  fhall  content  niyfelf 
"with  an  extra«/t  from  the  vorks  of  that  ingenious  gentle- 
man, which,  with  very  little  alteration,  is  as  follows  ; 

The  ac^t  we  are  now  difputing  about,  w  as  made  in  the 
fifth  year  of  tj  leen  Anne,  and  is  entitled,  an  act  for  fecu- 
ring  the  church  of  England,  as  by  law  ellal)li(hcd.  The  oc- 
cafion  of  the  ftature  was  tliis  :  the  parliament  in  Scotland, 
•when  treating  of  an  utiion  wirh  England,  were  a]>prehen- 
five  of  its  endangering  their  ccclcfiaiHcal  dtabliilnnent. 
Scotland  was  to  have  but  a  fmall  fharc  in  the  legidature  of 
Great  Britain,  but  forty-five  members  in  the  houfe  of  com- 
mons, which  confifls  of  above  five  hundred  ;  and  but  lix- 
teen  in  the  houfe  of  lords,  which  then  cojifilled  of  near  an 
hundred,  auvd  might  be  increafcd  by  the  fovereign  at  plea- 
fure.  The  Scots,  therefore,  to  prevetit  having  tlieir  ecclefi- 
aftical  eftablifhment  repealed  in  a  Briti{h  parliament, 
where  they  might  be  fo  cafily  out- voted  by  the  Englifli 
members,  pafled  an  act,  previous  to  the  union,  ellablifhing 
the  prefbyterian  church  within  the  kinsidom  of  Scotlancf, 
in  perpetuity,  and  made  this  a:l  an  cllential  and  funda- 
mental part  of  the  union,  which  might  not  be  repealed, 
or  altered  by  any  fiibfequcnt  Britifh  parliament ;  and  this 
pat  the  Englifh  parliament  upon  palling  this  ac^tfor  fecuring 
the  church  of  England.  Neither  of  them  dcfigned  to  en- 
large the  bounds  of  their  ecclefiaflical  conflitution,  or  extend 
their  eftablifhment  farther  than  it  reached  before,  but 
only  to  fecure  and  perpetuate  it,  in  its  then  prefent  ex- 
tent. This  is  evident,  not  only  from  the  occafion  of  the 
acft,  but  from  the  charitable  temper  the  Englifh  parlia- 
ment was  under  the  influence  of,  w  hen  they  pafled  it.  The 
lord  North  and  Grey  oWered  a  rider  to  be  added  to  the  bill 
for  an  union,  viz.  That  it  mi^ht  not  extend  to  an  appro- 
bation or  acknowledgment  of  tlie  truth  of  the  prefbyterian 
Avay  of  worfhip,  or  allowing  the  religion  of  the  church  of 
Scotland  to  be  what  it  is  filled,  the  true  proteflant  religion. 
But  this  claufe  was  rcjc«fted.  A  parliament  that  would  ac- 
knowledge the  religion  of  the  church  of  Scotland,  to  be  the 
true  proteftant  religion,  and  allow  their  acfts  to  extend  to  an 
approljation  of  the  prefbyterian  way  of  worfhip,  though 
they  might  think  it  beft  to  fecure  and  perpetuate  the  church 
of  England  within  thofe  bounds,  wherein  it  was  before 


*  A  minifter  of  one  of  the  churches  at  Fairfield,  in  Con« 
itetflieur. 


O  r    N  E  W  -  Y  O  R  K.  24; 

cftablilhed,  can  hardly  be  fuppofed  to  have  defigned  to 
Extend  it  beyond  them. 

The  tkle  of  the  ad:  is  exavftly  agreeable  to  what  we 
have  faid  of  the  defign  of  it,  and  of  the  temper  of  the  par- 
liament that  pafled  it.  'Tis  entitled,  an  ad:  not  for  enlarg- 
ing, but  for  lecuring  the  church  of  England,  and  that  not 
in  the  American  plantations,  but  as  it  is  now  by  law  eftab- 
lifhed  ;  which  plainly  means  no  more  than  to  perpetuate  it 
within  its  ancient  boundaries. 

The  proviiion,  made  in  the  acT:  itfelf,  is  well  adapted  to 
this  defign  ;  for  it  enads,  that  the  acl;  of  the  thirteenth  of 
Elizabeth,  and  the  ad  of  uniformity,  pafled  in  the  thir- 
teenth year  of  Charles  II.  and  all  and  lingular  other  ads  of 
parliament,  then  in  force  for  the  eftablifliment  and  prefer- 
vation  of  the  church  of  England,  fhould  remain  in  full 
force  forever  ;  and  that  every  fucceeding  fovereign  Ihould, 
at  his  coronation,   take  and  fubfcribe  an  oath  to  main- 
tain and  preferve  inviolably  the  faid  fettlement  of  the 
church  of  England,  as  by  law  eftabliftied,  within  the  king- 
doms of  England  and  Ireland,  the  dominion  of  \^^ales,  and 
town  of  Berwick  upon  Tweed,  and  the  territories  there- 
iinto  belon^ring.   This  ad  doth  not  ufe  fuch  expreflions, 
as  would  have  been  proper  and  even  neceflary,  had  the 
defign  been  to  have  made  a  new  ellablilhment ;  but  only 
fuch  as  are  proper  to   ratify  and  confirm  an  old  one. 
The  fettlement,  which  the  king  is  fworn  to  prefei  ve,  is  re- 
prefented  as  exilling  previoully  to  the  pafling  this  ad,  and 
not  as  made  by  it.  '1  he  words  of  the  oath  are,  to  maintairi 
and  preferve  inviolably  the  faid  fettlement.  If  it  be  alked, 
what  fettlement  ?  The  anfvver  mud  be,  a  fettlement  here- 
tofore made  and  confirmed  by  certain  ftatutes,  which,  for 
the  greater  certainty  and  fecurity,  are  enumerated  in  this 
ad,  and  declared  to  be  nnalterable.  This  is  the  fettlement 
tlie  king  it  fwom  to  preferve  ;  and  this  fettlement  has  no 
relation  to  us  in  America.  For  the  act,  which  originally 
ir.ade  it,  did  not  reach  hither   and  this  ad,  which  perpetu- 
ates them,  does  not  extend  them  to  us. 

It  is  a  miftake  to  imagine,  that  the  word  teiritories  ne- 
ceflariiy  means  thefe  American  colonies.  Thefe  countries 
are  ufually,  inlaw,  as  well  as  other  writings,  ftiled  colonies 
or  plantations,  and  not  terriro.  ies.  An  inltance  of  this  we 
have  in  the  charter  to  the  *  fociety  for  propagating;  the 
gofpel  in  foreign  parts."  And  it  is  the  invariable  praifSce  oF 
the  legillann-e,  in  every  ad:  of  parliament,  both  before  and 
after  this  act,  defigned  to  affed  us,  to  ufe  the  words  cclo- 
.nies,  or  plantations.  Nor  is  it  to  be  fappnfed,  that,  in  fo  im- 


THE  HISTORY 


portant  a  matter,  words  of  fo  direct  and  broad  an  intent 
\vouU  have  been  omitted.  The  iflands  of  Jcrfcy  and 
Gue.  nfey  v  eie  piopnly  territoiies  belonging  to  the  king- 
dom of  I'.ngland,  be  fore  the  unioji  took  place  :  and  they 
Hand  in  the  iaine  relation  to  the  kin^rdoni  of  Great  Uritain 
fitice.  The  church  of  Knglund  was  ellabUflied  in  thefe 
iflands,  and  the  Icgjflatine  intended  to  perpetuate  it  in 
them,  as  w^'cll  as  in  England  itfdf;  fo  that  as  thefe  illands 
were  not  particularly  named  in  the  acT:,  there  was  occaiion 
to  ufe  tlie  word  territories,  even  upon  tlie  fuppofnion,  that 
they  did  not  dcfign  to  make  the  eltabllflnnent  more  exten- 
five  than  ic  was  before  this  law  paflcd."  further,  in  onler 
to  include  the  plantations  in  the  word  territories,  we 
muli  fuppofe  ic  always  to  mean  CNcry  other  part  of  the  do- 
minions not  particularly  jnentioncd  in  the  inlh  ument  that 
ufes  it,  which  is  a  conltractioii  that  can  never  be  admitted  : 
for,  hence  it  will  follow,  that  thole  commiflions,  which 
give  the  government  of  a  colony,  and  the  territories  there- 
on depending  in  America  (and  tliis  is  the  cafe  of  every  one 
of  thein)  extend  to  all  the  American  colonics,  and  their 
governors  mull  of  confequence  have  reciprocal  fuperinten- 
dencics  ;  and  ll'.ould  any  commiliion  include  the  word  ter- 
ritories gener.dly,  unreftric^ed  to  America,  by  the  fame  con- 
llrucTtion,  the  governor  therein  mentioned,  might  exercile 
an  authority  under  it,  not  only  in  America,  but  in  Africa 
and  the  Indies,  and  even  in  (ha  kin<[;d(»m  of  Ireland,  and 
perhaps,  in  the  abfencc  of  the  king,  in  Great-Britain  itfclf^ 
Mr.  llobart  goes  on,  and  argues  againft  the  eftablifhment^ 
from  the  light  in  whicii  the  acl  of  union  has,  ever  fince  it 
waspafled,  been  confidered. 

Dr.  liillL',  bilhop  of  Hereford,  (fays  he)  a  member  of' 
the  fbciei:y,  preached  the  annual  fennon,  February  21, 1 71 7, 
ten  years  after  the  acft  of  union  took  place  ;  and  he  fays, 
it  would  have  well  become  the  wifdom  wherewith  that 
great  work  (the  reformation  or  eilablifhment  of  the  church 
of  Eni^laad)  was  conduc^ted  in  this  kingdom,  that  this  for- 
eig^n  enter j^rifc  (the  fettlement  of  plantations  in  America) 
alfo  fhould  have  been  carried  on  by  the  government  in  the 
like  regular  wav.  But  he  ow^ns  the  government  at  home  did 
not  interpofe  in  the  cafe,  or  eftablifh  any  form  of  relio;ion 
for  ns.  In  truth  (fays  his  lordlhip)  the  whole  was  left  to 
the  wifdom  of  the  lirlf  proprietors,  and  to  the  conducl:  of 
every  private  man.  He  obferves,  that  of  late  years  the  civil 
in  .ereil  hath  been  regarded,  and  the  dependence  of  tlie  co- 
lonies, on  the  imperial  crown  of  the  realm,  fecured  :  but 
zhziij  with  regard  to  the  religion  of  the  plantations;  his 


O  F   N  E  W-Y  O  R  k. 


lordlhip  acknowledges,  that  the  goverimient  itfelf  here  at 
liome,  fovereigii  as  it  is,  and  invelted,  doubtlefs,  witli  fuf- 
ficient  authority  there,  hath  not  thought  fit  to  interpofe  in 
this  matter,  otherwife  than  in  this  charitable  way  :  it  hath 
enabled  us  to  alk  the  benevolence  of  all  good  chriftians,  to- 
wards the  fupport  of  niiflionavies  to  be  lent  among  them. 
Thus  bifhop  Bifle  thought  as  1  do,  and  that  the  aiil  of  union, 
nor  any  other  law  prior  thereto,  did  extend  the  ellablifhnient 
to  the  plantations  :  and  if  the  fociety  had  not  been  of  the 
fame  ojnnion,  they  would  hardly  have  printed  and  difperf- 
ed  his  fermon.  Neither  did  the  civil  rulers  of  the  nation, 
who  may  juftly  be  fuppofed  acquainted  with  its  laws,  think 
the  act  of  union,  or  any  other  law,  eflablifhed  the 
church  of  England  in  America.  This  is  plain  from  the  let- 
ter of  the  lords  juftices  to  governor  Dummer,  in  the  year 
1725,  almod  twenty  years  after  the  union,  wherein  they 
fay,  there  is  no  regular  eftablifhment  of  any  national  or 
provincial  church  in  thele  plantations. 

.  ,  "If  it  be  urged,  tliat  the  king's  commiflion  to  the  late 
biihop  of  London,  proves  an  ecclefiaftical  eftablifmnent 
here,  it  is  fufficient  to  anfwer,  that  his  lordfliip  was  remark- 
able for  ll^ill  in  the  laws,  fo  far  as  they  relate  to  ecclefi- 
aftical affairs,  as  appears  from  his  codex  ;  and  he  was  of 
the  contrary  opinion  ;  for  m  his  letter  to  dr.  Colman,  of 
May  24,  1735,  he  writes  thus:  my  opinion  has  always  been, 
that  the  religious  ftate  of  New  England  is  founded  in  an 
equal  liberty  to  all  proteitants  ;  none  of  which  can  claim 
the  name  of  a  national  eftablifhment,  or  any  kind  of  fupe- 
riority  over  the  lei}:.  This  opinion  the  bifhop  gave  not  only 
fince  the  acl:  of  union,  but  even  feven  years  after  he  had  re- 
ceived his  ccmmiiiion  ;  and  furely  it  muft  be  admitted,  that 
as  he  had  time  enough  to  coiifider  it,  fo  he,  of  all  others, 
beft  underftood  it."  Thus  far  mr.  Hobart.  With  refpetft  to 
the  acT:  of  union,  I  beg  leave  only  to  fubjoin,  ihnt  it  is 
highly  probable,  the  Scotch  parliament  believed  the  Englifh 
intended  to  eilablifli  their  church  only  in  England.  For  in 
the  clofe  of  the  atft,  by  which  they  had  eftablifhed  the  pref- 
byterian  church  m  Scotland,  it  is  declared,  in  thcfe  exprefs 
words,  "  That  the  parliament  of  England  may  provide  for 
the  fecurity  of  the  church  of  England,  as  they  think  ex- 
pedient, to  take  place  within  the  bounds  of  the  faid  king. 
dom  of  England."  And  whatever  latitude  the  word  king- 
dom has  in  common  fpecch,  it,  in  a  legal  fenie,  is  limited 
to  England,  properly  fo  called,  and  excludes  tlie  planta-^ 
tions. 

a  I 


THE  IIISTOHY 


Nor  can  we  fuppofe,  that  the  church  of  England  is  eftab- 
liffiecl  in  thefe  coloirics,  by  any  a(^ts  prior  to  the  a<ft  of 
union  above  confidered.  For,  bcfidcs  the  feveral  opinions, 
againft  fucli  fuppofition,  ah  eady  adduced,  it  is  niu  cafbna- 
Llc  to  imagine,  that  if  there  \vas  any  fuch  ellablilhnient, 
kin;:^  Cliarlcs  11.  in  direct  repugnancy  thereto,  fliould  have 
made  the  grant  of  Pennf)  Ivaiiia,  and  given  equal  privileges 
to  all  religions  in  that  province,  vvirliout  even  excepting  the 
Roman  catholics  ;  and  tbat  the  colonics  of  Rhode  Illand, 
Coiuiecfticut,  and  the  MalliKhulctts  bay,  fliould  be  permit- 
ted to  make  their  provincial  ellablilhments,  in  oppolition  to 
an  antecedent  ellabli/lnncnt  of  the  church  of  Kngland,  ef- 
pecially  as  the  laws  of  the  Maflachufctts  bay  province,  are 
conltantly  fent  home,  and  the  king  has  the  abfolute  power 
of  repealing  every  act  he  Jliould  think  improper  to  be  con- 
tinued as  a  law.  Whoever,  therefore,  conliders  this,  and  that 
the  king  is  fworn  to  preferve  the  churdi  of  Kngland  eftab- 
lillunent,  nnift  neceflarily  conclude,  that  whatever  fenti- 
menrs  may  obtain  among  the  epifcopallans  in  America,  our 
kings  and  iheir  councils  have  always  conceived  that  fuch 
eliablifhment  could  by  no  means  be  extended  to  us.  As  to 
Connecticut,  all  the  epifcopaHans  of  that  colony,  and  even 
their  miniiters,  were  legally  compellable  to  contribute  to  an 
annual  tax  for  the  fupport  of  the  congregational  clergy, 
till  of  late  they  were  favoured  with  a  law  which  grants 
them  a  privilege  cf  exemption  from  that  iniquitous  and 
uiireafonable  burden.  But  whether  they  arc  fubject  to  the 
like  unchridian  impofirion  in  the  other  colonies  above  men- 
tioned, I  am  not  fufficiently  acquainted  with  their  laws  to 
determine.*" 

The  thirteenth  number  of  the  Watch  Tower  publiihed 
at  New  York  in  i  755,  efpoufes  the  fame  fide  with  the  au- 
thor of  the  Rcfleclor,  adds  feveral  new  argun.ents  and  the 
opinions  of  eminent  counfcl  at  law,  and  confiders  the  force 
of  what  is  advanced  by  the  late  dr.  Douglafs  in  favour  of 
his  pofition,  that  the  religious  ftate  of  the  American  plan- 
tations is  an  univerfal  toleration  of  proteflants  of  every 
denominaricn. 

The  clergy  of  this  province  are,  in  general,  but  indif-^ 


*  I  believe  there  is  no  juft  caufe  for  the  complaints  tranf- 
mitted  by  the  miffionaries.  Dr.  Douglafs  affigns  feveral  in- 
fbances  of  gi-ols  mifreprefentations  and  fidfehoods.  Vid.  his 
fummary,  2d  vol.  p.  1^9.  Boilon  edit.  173?,  and  the  Watch 
Tower/ no.  XLI.  publifned  at  New  York  in  1755. 


OF    N  E  W  -  Y  O  R  K. 


247 


fercntly  fapported  :  it  is  true  they  live  eaiily  :  but  few  of 
them  leave  any  thing  to  their  children.  The  epifcopal  mif- 
fionaries,  for  enlarging  the  fphere  of  their  fecular  bnlinels, 
not  many  years  ago,  attempted,  by  a  petition- to  the  late 
governor  Clinton,  to  engrofs  the  privilege  of  folemnizing 
all  marriages.  A  great  clamour  enfued,  and  the  attempt 
■was  abortive.  Before  that  time,  the  ceremony  was  even  per- 
formed by  juftices  of  the  peace,  and  the  judges  at  law  have 
determined  fuch  marriages  to  be  legal.  The  governor's  li- 
cences now  run  to  all  proteftant  minifters  of  the  gofpel." 
Whether  the  juftices  ad:  ftill,  when  the  bans  are  publifhed 
in  our  churches,  which  is  cuitomary  only  with  tlie  poor,  I 
liave  not  been  informed.  Marriage  in  a  new  country  ought 
to  have  the  higheft  encouragements  ;  and  it  is  on  this  ac- 
count, perhaps,  that  we  have  no  provincial  law  againft  fach 
as  areclandeftine,  though  they  often  happen,  and,  in  fome 
eafes,  are  attended  with  con fequenccs  equally  melancholy 
and  mifchievous. 

As  to  the  number  of  our  clergymen,  it  is  large  enough  at 
prefent,  there  being  but  few  fettlcments  unfupplied  with  a 
lainiftry,  and  fome  fuperabound.  In  matters  of  religion,  we 
are  not  fo  intelligent  in  general,  as  the  inhabitants  of  the 
New  England  colonies  ;  but  both  in  this  relpecT:  and  good 
morals,  we  certainly  have  the  advantage  of  the  fouthem 
provinces.  One  of  the  king's  mftrnctions  to  our  governors, 
recommends  the  inveftigation  of  means  for  the  conveifion 
of  negroes  and  Indians.  An  attention  to  both,  efpecially  tbc 
latter,  has  been  too  little  regarded.  If  the  millionaries  of 
the  English  fociety  for  propagating  the  gofjx;!,  inftead  of 
benig  featcd  in  opulent  chriftianized  towns,  had  been  fcnt 
out  to  preacli  among  the  favages,  unfpeakablc  political  ad- 
vantages would  have  flowed  from  fuch  a  £ilutary  meafurc. 
Dr.  Douglafs,  a  fenlible,  immethodical  writer,  often  incor- 
redl,  expeclis  too  much*  :  befides,  he  treats  the  miftionarics 
with  rudenefs  and  contempt,  and  laflies  tlieir  indolence  with 
unmerciful  acrimony. 


*  Our  young  miffion^ries  may  procure  a  perpetual  al- 
liance and  commercial  advantages  with  the  Indians,  which 
the  Roman  catholic  clergy  cannot  do,  becaufe  they  are  for- 
bid to  marry.  I  mean  our  raiffionaries  may  intermarry  -with 
the  daughters  of  the  lachems  and  other  confiderable  Indi- 
ans, ami  their  progeny  will  forever  be  a  certain  cement 
between  us  and  the  Indians,"  Dougl.  Sum.  Szc.  vol.  H  -  p.  1 3^, 
Boftan  edit,  1753, 


THE  HISTORY 


CHAP. 


V. 


The  political  ftate. 


THIS  colony,  as  a  part  of  the  king's  dominions,  is  fi.b- 
jecl  to  the  controul  of  the  Bi  itilh  parlianirnt  ;  but  its 
more  iinincdiuie  j;ovcnnr.cnt  is  vcftcd  in  a  governor,  coun- 
cil, and  general  allenibly. 

The  governors  in  chief,  who  are  always  apfwintedby  the 
king's  connniflion  under  the  great  leal  ol  GreaiHritain,  enjoy 
a  vali  plenitude  of  power,  as  may  be  feen  in  their  patents, 
which  are  nearly  the  lame.  The  following  is  a  copy  of  tliat 
to  the  late  hr  Danvers  Ofborn. 

GEORGE  the  fecond  by  the  gi  ace  of  God  of  Great  Bri- 
tain France  and  Ireland  king  clefender  of  the  faith  and  fo 
forth.  To  our  trulty  and  well  beloved  fir  Danvers  Olborn.la- 
ronet  greeting  \\  hereas  we  did  by  oui  letters  patent  under 
pur  great  fc;d  o'' Great  Britain  bearing  date  at  W'cdndnller 
the  tJiird  day  of  July  in  tlie  fifieenili  year  of  our  reign  ccn- 
ftitute  and  appoint  the  honourable  George  Clinton  cfq. 
captain  general  and  gov  ernor  in  chief  in  and  over  our  pro- 
vince of  New  York  and  the  territories  depending  thereon 
in  America  for  and  during  our  will  and  pleafure  as  by  the 
faid  recited  lettei  s  patent  (relation  being  thereunto  had) 
may  nioie  fully  and  at  large  appear  now  know  you  that  we 
have  revoked  and  determined  and  by  thefe  prefenis  do  re- 
voke and  determine  the  faid  recited  letters  patent  and  everj." 
claufc  article  and  thing  therein  contamedAnd  further  know 
yoa  that  we  repofing  efpccial  trull  and  confidence  in  the 
prudence  courage  and  loyalty  of  you  the  faid  fir  Danvers 
Olborn  of  our  elpecial  grace  cenain  knowledge  aiid  meer 
motion  have  thought  fit  to  conftituteand  appoint  you  the 
laid  fir  Danvers  Ofbom  to  be  our  Captain  general  and  go- 
vernor in  chief  in  and  over  onr  province  of  New-Yoikand 
the  territories  depending  thereon  in  America  and  we  do 
herebv  require  and  command  you  to  do  and  execute  all 
things  in  due  manner  that  ftiall  belong  unto  your  faid  com- 
mand and  tiie  tridl  we  have  repofed  in  you  according  to 
the  feveral  powers  and  direc^tions  granted  or  appointed  you 
by  this  prefent  cominilRon  and  the  inftmclions  herewith 
given  you  ot  by  fjch  further  powers  inftru<ftions  and  autho- 
rities as  Ihall  at  any  time  hereafter  be  granted  or  ajjpointed 


OF    N  E  W  -  Y  O  R  K. 


249 


you  under  our  liguet  and  fign  manual  or  by  our  order  in 
our  privy  council  and  according  to  fuch  realbnable  lavrs  an4 
ftatutes  as  now  are  in  force  or  hereafter  iliail  be  made  and 
agreed  upon  by  you  with  the  acivice  and  conieiiu  ot  our 
council  and  the  afleinbly  of  our  faid  province  under  your 
government  in  fuch  manner  and  form  as  is  iiereafrer  cx- 
preiied  And  our  will  and  pleafure  is  that  you  the  faid  fir 
Danvers  Ofbom  after  the  publication  of  thefe  our  letters 
patent  do  in  the  firft  place  take  the  oaths  appointed  to  be 
taken  by  an  act  paffed  in  the  firil  year  of  our  late  royal  father's 
reign  enrituledan  act  for  the  further  fecurity  of  his  niaielly's 
peiHTon  and  go  vernment  and  thefuccefiion  of  the  crov/ii  in  the 
heirs  of  the  late  princefs  Sophia  being  proteiVants  and  for 
extinguiOiing  the  hopes  of  the  pretended  prince  of  Wales 
and  his  open  and  fecret  abettors  as  alfo  that  you  make  arid 
fubfcribe  the  declaration  mentioned  in  an  act  of  parlia- 
ment made  in  the  twenty-fifth  year  of  the  reign  of  king 
Charles  the  fecond  cntituled  an  aift  for  preventing  clan- 
gers which  may  happen  from  popiHi  reciilluits  and  like- 
wife  that  you  take  the  ufual  oath  for  the  di:e  execnticn  ct* 
the  office  and  trnit  of  our  captain  general  and  goven.or  in 
chief  in  and  over  our  iWid  province  of  New  York  and  the 
territories  depending  thereon  for  the  due  and  impartial  ad- 
miniftration  of  jultice  and  farther  that  you  take  the  oath 
required  to  be  taken  by  governors  of  plantations  to  do  their 
utmoil  that  the  feveral  laws  relating  to  trade  and  the  plan- 
tations be  obferved  which  faid  oaihs  and  declaration  our 
council  in  our  faia  province  or  any  tlnee  of  the  members 
thereof  have  hereby  full  pov/cr  and  authority  and  are  re- 
quired to  tender  and  adminilter  unto  you  and  in  your  ab- 
lence  to  o'u*  lieutenant  governor  if  there  be  any  upc2i  t\}f 
place  all  which  being  duly  performed  you  fiiall  adminiiler 
unto  each  of  the  members  of  our  faid  council  as  alfo  to  our 
lieutenant  govenior  if  there  be  any  upon  the  pb.ce  tlie 
oaths  mentioned  in  the  faid  acH:  entituled  an  aOt  for  the  fur- 
ther fecurity  of  his  majeiiv's  perfon  and  government  and 
the  fucceflion  of  the  crown  in  the  heirs  of  the  late  princcls 
Sophia  being  proteftams  and  for  extingiiilhing  the  hopes 
-  of  the  pretended  prince  of  Wales  and  his  open  and  fe- 
cret abettors  as  alfo  to  caufe  them  to  make  and  (ubfcribe 
the  aforementioned  declaration  and  to  adminiiler  to  tLein 
th.e  oath  for  the  due  execution  of  their  places  and  truils. 
And  we  do  hereby  give  and  grant  unto  you  full  power  and 
authority  to  fafpend  any  of  the  members  of  our  faid  coun* 
cil  from  fitting  voting  and  aflifting  therein  if  you  fhall  find 
Juft  caufe  for  fb  doing  and  if  there  ihall  be  any  lieutenant 


THE  HISTORY 


governor  him  likewiie  to  fnfpcnd  from  the  execution  of  his 

command  and  to  appoint  anothc.-  in  his  flead  until  our  plea- 
fure  be  known  an<l  if  it  fhall  aiany  time  liappen  that  by  the 
deatii  departure  out  of  our  faid  province  or  falpci.fion  of  any 
of  our  laid  co  lucdlor.s  or  oihciwH'e  there  fhall  be  a  vacancy 
in  or.r  faid  council  (any  three  whereof  \%c  tlo  do  hereby 
appoint  to  be  a  quorum)  our  will  and  plcafure  is  that 
you  fi^nify  the  fame  nnio  us  by  the  lirlt  opportuidty  that 
we  may  under  our  fi^in  -  and  fign  manual  conilituie  and 
appolnn  others  in  then  itead  But  that  our  atfrars  may  not 
futfc:  at  that  dillance  for  want  of  a  due  inmdxrr  of  council- 
lors if  ever  it  fliould  happen  that  there  he  lels  than  feven 
of  Lhem  refiding  in  our  laid  province  ^ve  do  hereby  ^ive  and 
giwiit  unto  yoa  the  faid  lir  Danvers  Olborn  full  power  and 
authority  to  chufe  as  majiy   pcrfons  out  of  the  piinci- 
pal  freeholders  inhabitants  thereof  as  will  make  up  the 
full  number  of  our  laid  council  to  be  feven  and  no  more 
wiiich  perfons  fo  cholen  and  appointed  by  you  fliall  be  to 
all  intenrs  and  purpolcs  councillors  In  our  laid  province  uji- 
til  either  they  fhall  be  confirmed  by  us  or  that  by  the  no- 
mination of  others  by  us  under  our  fign  manual  and  {\gr\et 
our  laid  council  fhall  have  feven  or  more  i>erfonsin  it.  And 
we  do  hereby  give  and  grant  imto  you  full  power  and  au- 
thority with  the  advice  and  confcnt  of  our  faid  council  fiom 
time  to  time  as  need  fliall  require  to  fummon  and  call  gen- 
eral ailemblies  oftlie  faid  freeholders  and  planters  within 
your  goveniment  according  to  the  ulage  of  owr  province  of 
New  York.  And  our  will  antl  pleafurc  is  that  the  perfons 
thereupon  duly  elected  by  the  major  part  of  the  freehol- 
ders of  the  rcfpec'tive  counties  and  places  and  fo  returned 
fh'jll  before  their  fitting  take  the  oaths  mentioned  in  the 
faid  act  entituled  (an  ac't  for  the  further  fecurity  of  his  ma- 
jeity's  pcrfon  and  government  and  the  lucceflion  of  the 
'crown  in  the  heirs  oftiie  late  princefs  So]>hia  being  pro - 
teftants  and  for  exringuifhing  the  hopes  of  the  pretended 
prince  of  Wales  and  his  open  and  fecret  abettors)  as  alfo 
make  and  fubicribe  the  aforementioned  declaration  (which 
oaths  and  declarations  you  fhall  commiflionate  fit  pcrfoi  s 
undrr  our  fealof  New  York  to  tender  and  adminillcr  ur - 
to  them)  and  until  the  fame  fhall  be  lb  talien  and  fnbfcrib- 
ed  no  perfon  (hall  be  capable  of  fitting  though  elected  And 
we  do  hereby  declare  that  the  perfons  fo  elected  and  qua- 
lified fliall  be  called  and  deemed  the  general  aflembly  of 
that  our  province  and  the  territories  depending  thereon  And 
you  the  faid  fir  Danvers  Oibom  by  and  with  the  confent 


OF       E  W  -  Y  O  R  K. 


25t 


of  our  laid  coi^ncil  and  aflcnibly  or  the  major  part  of  them 
refpetflively  (hall  have  full  power  and  authority  to  make 
conftitute  and  ordain  laws  ftatutes  and  ordinances  for  the 
public  peace  welfare  and  good  government  of  ourfaid  pro- 
vince and  of  the  people  and  inhabitants  thereof  and  fuch 
others  as  fhall  refort  thereto  and  for  the  benefit  of  us  our 
heirs  and  fucceflbrs  which  laid  laws  ftatutes  and  ordinances 
are  not  to  be  repugnant  but  as  near  as  may  be  agi-eeable  to 
the  laws  and  ftatutes  of  this  our  kingdom  of  Great  Britain 
provided  that  all  fuch  laws  ftatutes  and  ordinances  of  what 
nature  or  duration  foever  be  within  three  months  or  fooner 
after  the  making  thereof  tranfmitted  unto  us  under  our  leal 
of  New  York  for  our  approbation  or  difallowance  of  the 
fame  as  alfo  duplicates  thereof  by  the  next  conveyance  and 
in  cafe  any  or  all  of  the  faid  laws  ftatutes  and  ordinances 
being  not  before  confirmed  by  us  Hiall  at  any  time  be  difal- 
lowed  and  not  approved  and  fo  fi^ified  by  us  our  heirs  or 
fucceflbrs  under  our  or  their  fign  manual  and  fignet  or  by 
order  of  our  or  their  privy  council  unto  you  the  laid  ftr  Dan- 
vers  Ofborn  or  to  the  commander  in  chief  of  our  faid  pro- 
vince for  the  time  being  then  fiich  and  fo  many  of  the  faid 
laws  ftatutes  and  ordinances  as  ftiall  be  fo  difiillowed  and 
not  approved  fhall  from  thenceforth  ceafe  determine  and 
become  utterly  void  and  of  none  effecl  any  thing  to  the  con- 
trary thereof  notwithftanding  And  to  the  end  that  nothing 
may  be  pafled  or  done  by  our  faid  council  or  aflembly  to 
the  prejudice  of  ui  our  heirs  or  fucceflbrs  we  will  and  or- 
dain that  you  the  faid  fir  Danvers  Ofborn  fhall  have  and 
enjoy  a  negative  voice  in  the  making  and  palling  of  all 
laws  ftatutes  and  ordinances  as  aforefaid  and  you  fhall  and 
may  likewife  from  time  to  time  as  yon  fhall  judge  it  necef- 
fary  adjourn  prorogue  and  diflblve  all  general  aflemblies 
as  aforefaid.  And  our  further  will  and  pleafure  is  that  you 
ftiall  and  may  ufe  and  keep  the  public  feal  of  our  faid  pro- 
vince of  New  York  for  fealing  all  things  whatfoever  that 
pafs  the  great  feal  of  our  faid  province  under  your  govern- 
ment And  we  do  further  give  and  grant  unto  you  the  faid 
ftr  Danvers  Ofborn  fall  power  and  authority  from  time  to 
time  and  at  any  time  herearLer  by  yo'^rfelf  or  by  any  other 
to  be  authorized  by  you  in  that  behalf  to  adminifter  and 
give  the  aforementioned  o?.ths  to  all  and  every  fuch  pc  fori 
nnd  peiTons  as  you  fhall  think  fie  w:io  fliall  at  any  time  or 
times  pafs  into  our  faid  province  or  fliall  be  re^xlent  or' 
abiding  there.  And  we  do  further  bv  thefe  pre-ents  give 
and  grant  unto  you  the  f\id  ftr  Danvers  Ofrotn  full  power 
and  authority  with  the  advice  and  confent  of  our  faid  coim- 


THE  HISTORY 


cil  to  erect  conlHtutc  and  cdablilh  fiich  and  fo  many  courts 
ofjuflkacnre  and  public  jufticc  within  our  faid  province  un- 
der your  govcrnnjcnt  as  you  and  tlicy  lliall  think  fit  andne- 
ceiliry  for  tlie  hcarinn;  and  dctcnr.iiiing  of  all  car.litjs  as  well 
criminal  as  civil  according  to  law  and  tqiiiiy  and  forawarding 
exception  thereupon  with  all  rcafonahle  and  neccHiiry  j)ow- 
crs  autlioritics  fees  and  privileges  belon;;ing  thereunto  as  al- 
fo  to  appoint  and  conunilllonate  (it  perlbns  in  the  feveral  parts 
of  your  novcrnnient  to  adniiniiler  the  oalhs  meniioned  in 
the  afo;  claid  act  cntitulcd  an  ac't  for  the  further  fecuriry  of 
h'/.niajclVy'sperfon  and  government  and  ihe  fucceillon  of  the 
crown  ni  the  heir:  of  thcTateprinc  efs  Sophia  being  pi  otellants 
and  for  extinguilliing  the  hopes  of  the  prctendcil  prince  of 
Wales  and  hi:>  open  and  fecret  abettors  as  alfo  to  tender  and 
adminillicr  the  aforcfaid  declaration  unio  fnch  perfons  be- 
longing to  the  laid  courts  as  fliuU  be  obliged  to  take  the 
fai.ic  And  we  do  licreby  authorile  and  empower  you  to  con- 
liitute  and  apj^oint  judges  and  in  cafes  requifne  connnif- 
lione  s  of  oyer  and  terminer  juftlces  of  the  peace  and  other 
necellary  oflicei  s  and  minifVers  in  our  faid  province  for  the 
bcrer  adminifliration  of  jultice  and  putting  the  laws  in  exe- 
cution and  to  adminiller  or  caufe  to  be  adminiftered  unto 
them  fiich  oatli  or  oaths  as  are  nfually  given  for  the  due 
execuLion  and  performance  of  oflices  and  places  and  for  the 
clearing  of  truth  ui  ji  dicial  caufes  And  we  do  hereby  give 
and  grant  unto  you  full  power  and  autliority  where  you 
fliall  lee  caufe  or  fliall  judge  any  cffenrler  or  offejiders  in 
c\  Iminal  matters  or  for  any  fines  or  forfeitures  due  unto  us 
fit  objects  of  our  raercy  to  pardon  all  fuch  offenders  and  to 
remit  all  fr.ch  oflcnces  fines  and  forfeitures  (treafon  and 
wilful  murder  only  excepted)  in  whicli  cafes  you  fliall  like- 
wife  have  power  upon  extraordinary  occafions  to  grant  re- 
prieves to  the  offenders  until  and  to  the  intent  our  ro>al 
pleafuve  may  be  known  therein.  And  we  do  by  thcfe  pre- 
fents  anthorifc  nnd  empower  you  to  collate  any  perlbu  or 
perfons  to  any  churches  chapels  cr  other  ecclefialHcal  be- 
nefices within  our  faid  province  and  territories  afore- 
faid  as  often  as  any  of  them  fhall  happen  to  be  void.  And 
we  di.  hereby  give  and  grant  unto  you  the  faid  fir  Danvers 
Ofbom  by  yourfclf  or  by  your  captains  and  commanders 
by  you  to  be  authorifcd  full  power  and  authority  to  levy 
arm  mufler  com  rand  and  employ  all  perfons  whatfoever  re- 
iiding  within  our  faid  province  of  New- York  and  other  the 
tcri  icories  under  your  government  and  as  occaf^on  ihall  ferve 
to  march  from  one  place  to  another  cr  to  emxbarl:  rhem  for  the 
reliitms  ^lud  withfcariding  of  ail  enemies  pirates  and  rebels 


OF    N  E  W  .  Y  O  R  K. 


both  at  fea  and  land  and  to  tranfport  fuch  forces  to  any  of 
our  plantations  in  America  if  necelfity  lhall  require  for  the 
defence  of  the  fain-e  againft  the  invafionsor  attempts  of  any 
of  our  enemies  and  fuch  enemies  pirates  and  rebels  if  there 
lliall  be  occafion  to  purfue  and  profecute  in  or  out  of  tlie  li- 
mits of  our  faid  province  and  plantations  or  any  of  them 
and  if  it  fliall  fo  pleafe  God,  them  to  vanquilli,  apprehend 
and  take  and  being  taken  either  according  to  law  to  put  to 
death  or  keep  and  preferve  alive  at  )  our  difcretion  and  to 
execute  martial  law  in  time  of  invafion  or  other  times  vt'hen 
by  law  it  may  be  executed  and  to  do  and  execute  all  and 
every  other  thing  and  things  which  to  our  captain  general 
and  governor  in  chief  doth  or  ought  of  right  to  belong 
And  we  do  hereby  give  and  grant  unto  you  full  power  and 
authority  by  and  with  the  advice  and  confent  of  our  faid 
council  to  erect  raiie  and  build  in  our  faid  province  of  New- 
York  and  the  territories  depending  thereon  fuch  and  fa 
many  forts  and  platforms,  caitles,  cities,  boroughs,  towns 
and  fortifications  as  you  by  the  advice  aforefaid  fliall 
judge  neceflary  and  the  fame  or  any  of  them  to  fortify  and 
furnifh  with  ordinance,  ammunition  and  all  forts  of  arms  fit? 
and  neceflary  for  the  fecuiity  and  defence  of  our  faid  pro- 
vince and  by  the  advice  aforefaid  the  fame  again  or  any  of 
them  to  demolifh  or  difmantle  as  may  be  moft  convenient 
And  forafmuch  as  divers  mutinies  and  diforders  may  hap- 
pen by  perfons  fhipped  and  employed  at  fea  during  the  time 
of  war  and  to  the  end  that  fuch  as  Ciall  be  fhipped  and  em- 
ployed at  fea  during  the  time  of  war  may  be  better  govern- 
ed and  orderevi  we  do  hereby  give  and  grant  unto  you  the 
fiiid  fir  Danvers  Ofborn  full  power  and  authority  to  confti- 
tute  and  appoint  captains  lieutenants  mailers  of  fhips  and 
other  commanders  and  ofhcers  and  to  grant  to  fuch  captains 
lieutenants  mafters  of  fhips  and  other  commanders  and  of- 
ficers commlflions  to  execute  the  law  martial  during  the 
time  of  war  ar cording  to  the  direcftions  of  two  acits  the 
one  pafled  in  the  thirteenth  year  of  the  reign  of  king 
Charles  the  fecond  entituled  an  acft  for  the  cftablifliing 
articles  and  orders  for  the  regulating  and  better  go- 
vernment of  his  majefly's  navies  fliips  of  war  and  forces 
by  fea  and  the  other  pafled  in  the  eighteenth  year  of 
our  reign  entituled  an  adt  for  the  further  regulating  and 
better  government  of  his  majefly's  navies  fhips  of  war  and 
forces  by  fea  and  for  regulating  proceedings  upon  courts 
martial  in  the  fea  fervice  and  to  ufe  fuch  pioceeclings  au- 
thorities puniflmients  correcftions  and  executions  upon  any 
offender  or  offenders  who  fhall  be  mutinous  feditious  difor- 
derly  or  any  way  unruly  either  at  fea  or  during  tji<»  tim^ 

2  K 


T  H  E    II  I  S  T  O  R  Y 


of  their  iibode  or  rcfiJence  in  any  of  the  ports  liarbours  or 
biiys  o0  our  laid  province  and  territories  as  tl)€  cafe  ftiall  be 
found  to  require  according/  to  the  martial  law  and  the  laid 
direction  tlurijig  the  time  of  war  xs  aforefait!  Plovidcd  tliat 
iio:iung  herein  containe^^i  Ihall  be  coiiltrued  to  the  enabling 
yon  or  any  by  your  autiioriry  to  iiold  plea  or  have  any 
junldivftion  of  any  offences  cauPj  matter  or  thini;  connniitcd 
or  done  upon  the  high  fea  or  within  any  of  the  havens 
rivers  or  creeks  of  our  laid  province  and  territories  un^ 
der  yo-ir  <ro\enmient  by  any  captain  commander  iieute* 
nant  maltcr  officer  fcaman  loklier  or  other  perlon  what- 
foever  who  fhill  be  in  our  aoiual  fcrvice  and  pay  in  or  on 
boarcl  any  of  our  liiips  of  war  or  ocher  vellels  acting  by  im- 
mediate co'-niniffion  or  warrant  from  our  commiiiioners  for 
executing  the  oflice  of  oar  high  admiral  or  from  our  high 
admiral  of  Great  iSritain  for  the  time  being  under  the  leal 
of  o  jr  admiralty  but  that  fuch  captain  commander  lieuten- 
ant iiialter  olficer  fcameii  foldicr  or  other  perfon  fo  offend- 
ing ill  be  left  to  be  proceeded  againlt  and  tried  as  their 
otfences  fhiill  rccj»iire  eirhcr  by  commiHion  under  our  great 
fe.d  of  Great  Britain  as  the  Itatntc  of  the  twenty  eighth  of 
He.iry  the  eighth  dii  cifls  or  by  commilHon  from  our  laid 
commilfioners  for  executing  the  offire  of  our  h^gh  admiral 
or  from  our  hii^i  admiral  of  Great  Britain  for  the  time 
being  according  to  the  aforementioned  a(fls.  Provided 
neverthclcfs  thut  all  dirorderr>  and  mifdemeanors  committed 
on  fhore  by  any  captain  commaiider  lieutenant  mafterofficer 
feaman  fbldijr  or  other  perfcwi  wliatfoever  belonging  to  any 
of  our  Ihips  of  war  or  other  veilels  acting  by  immediate 
com-nilfion  or  warrant  from  ouV  faid  commiflioners  for  exe- 
cuting the  office  of  our  high  admiral  or  from  our  high  ad- 
miral of  Great  Britain  for  the  time  being  under  the  leal  of 
our  admiralty  may  be  ti  led  and  punifhed  according  to  the 
liv/s  of  the  place  where  any  fuch  difbrders  offences  and  mif- 
de  neanors  fhall  be  committed  on  fhore  notwithflanding  fuch 
olfenders  be  in  oar  aftual  fervicc  and  borne  in  our  pay  on 
board  any  fucli  our  fhips  cfwar  or  other  veflels  afting  by 
immediice  commi-lion  or  v/an-ant  from  our  faid  commiflion- 
ers ftei  executing  the  oface  of  our  high  admiral  or  from  our 
high  admiral  oif  Great  Britain  for  the  time  being  as  afore- 
faid  fo  as  he  fh  ill  not  receive  any  proteccion  for  the  avoid- 
ing of  juiVice  for  fuch  offences  committed  on  fhore  from  any 
pretence  of  his  being  employed  in  our  fervice  at  fea.  And 
our  further  will  and  pleafure  is  tjvat  all  public  monies  raifed 
or  which  fhail  be  raifed  by  any  aCt  to  be  hereafter  made 
within  om- faid  province  and  other  tiie  territories  depend- 


OF    N  E  W  -  Y  O  R  K. 


»ng  thereon  be  iffued  out  by  v/arrant  from  you  by  and  witk 
tlie  adv  ice  and  confent  of  our  council  and  diipofed  of  by 
you  for  the  fnpport  of  the  government  and  not  othcrwjJe 
and  we  do  hereby  likewife  give  and  grant  unto  you  full 
power  and  authority  by  and  wiui  the  advice  and  confent  of 
our  faid  council  to  fettle  and  agree  with  the  inhabitants  of 
our  province  and  territories  afore  faid  for  fuch  landi  tene- 
ments and  hereditaments  as  now  are  or  hereafter  Hiall  be 
in  our  power  to  difpofe  of  and  them  to  gi-ant  to  any  pevfon 
or  perfons  upon  fuch  terms  and  under  liich  moderate  quit- 
rents  fcrvices  and  acknowlcdgnients  to  be  thereupon  refei-v- 
ed  unto  us  as  you  by  and  with  the  advice  afprefaki  fliall 
think  fit  w^iich  faid  grants  a  -e  to  pafs  and  be  lealed  by  our 
fealofNew  York  and  being  entered  v.pon  record  by  fuch 
officer  or  officers  asai*e  or  fhall  be  appointed  thereunto  fhalj 
be  good  and  effectual  in  the  law  againft  us  our  heirs  and 
facceHbrs  And  we  do  hereby  give  yoa  the  faid  fir  Danvers 
Olboni  full  power  to  order  and  appoint  faiis  marts  and 
markets  as  alfo  fuch  and  fo  many  pons  harbours  bays 
havens  and  otlier  places  for  the  convenience  npd  fecurity  of 
fliipping  and  for  the  better  loading  and  unloading  of  goods 
and  merchandizes  as  by  you  with  the  advice  and  confent  of 
our  faid  council  ffiall  be  thought  fit  andneceiliiry  and  we  do 
hereby  require  and  command  all  officers  and  minifters  civil 
and  military  and  all  other  inhabitants  of  our  faid  province 
and  territories  depending  thereon  to  be  obedient  aiding  and 
afiHling  unto  yon  the  faid  fir  Danvers  Ofl^oin  in  the  cxecii^ 
tion  of  this  our  commiffion  and  the  powers  and  authoi'iiies 
herem  contained  and  in  cafe  of  your  death  or  abCcnce  out  of 
our  faid  province  and  te/ritories  depending  thereon  to  be 
•obedient  aiding  and  affifling  unto  fach  perfon  as  ffiall  be 
appomted  by  us  to  be  our  lieutenant  governor  or  com- 
mander in  chief  of  our  faid  province  to  whom  v»  e  do  there- 
fore by  thefe  prefents  give  and  grant  all  and  fingular  the 
powers  and  authorities  herein  grant«ed  to  be  by  him  executed 
and  enjoyed  during  our  pleafure  or  until  your  arrival  v.  ith- 
in  our  faid  province  and  territories  and  if  upon  your  death 
pr  abfence  ont  of  our  faid  province  and  territories  depend- 
ing thereon  there  be  no  perfon  upon  the  place  commiifion- 
ated  or  appointed  by  us  to  be  our  lieutenant  governor  or  com- 
mander in  ciiief  of  our  faid  province  our  will  and  pleafure 
is  that  the  eldcft  counfellor  whcfe  name  is  firfi;  placed  in  our 
faid  inftrudtions  to  you  and  who  fhall  at  the  time  of  your 
death  or  abfence  be  refidino  within  our  faid  province  of 
I^ew  York  fnall  take  upon  him  the  adminilb  ation  of  the 


THE  HISTORY 


government  and  execute  our  faid  commiflion  and  inftruclionf 
and  the  feveral  povv'ers  and  authorities  therein  contained 
in  the  lame  manner  and  to  all  intents  Mid  purpoles  as  other 
our  governor  and  commander  in  chief  of  our  faid  province 
fhonld  or  ought  to  do  in  cafe  of  your  abfence  until  your 
return  or  in  all  calcs  until  our  fuithcr  plealure  be  known 
therein  and  we  do  hereby  <leclare  ordain  and  appoint  that 
you  tiie  faid  lir  Danvers  Olborn  fhall  and  may  hold  execute 
and  enjoy  the  otiice  and  place  of  our  captain  general  and 
governor  in  chief  in  and  over  our  province  of  New  York 
and   the    territories   depending   thereon   together  with 
all  and  hngular  the  powers  and  authorities  hereby  grant- 
ed unro  you  for  and  durhig  our  wilj  and  pleafurc.  And 
\vherea'>  there  are  divei  s  colonies  adjoining  to  our  province 
of  New-York  for  the  defence  and  fecurity  whereof  it  is  re- 
quifite  thai  due  care  be  taken  in  tin'.e  of  war  w  c  have  thcre- 
ibre  tiiouglit  it  necellary  for  our  fcrv  ice  and  for  the  better 
proreclion  and  fecurity  of  our  fubjedts  inhabiting  thofe 
parts  to  conflitute  and  appoint  ami  we  do  by  thefe  prefents 
conftitute  and  appoint  you  the  faid  fir  Danvers  Ofborp-fo 
be  our  captain  general  and  commander  in  chief  of  the  mi- 
litia and  of  all  tlie  forces  by  fea  and  land  within  our  colony 
of  Connecticut  and  of  all  our  forts  and  places  cf  ftrength 
within  the  f\me  and  for  the  better  ordering  governing  and 
ruling  our  faid  militia  and  all  our  forces  tons  and  places 
of  IVvength  w  irhin  our  faid  colony  of  Connecticut  we  do 
hereby  give  and  grant  unto  you  the  faid  fir  Danvers  Of. 
bom  and  in  yom-  ablcnce  to  our  commander  in  chief  of 
our  province  of  New  York  all  and  every  the  like  powers 
as  in  thefe  prefenrs  are  before  granted  and  recited  for  the 
ruling   govern!. inr  and  ordering  our  militia  and  all  our 
forces  forts  and  places  of  flrength  within  our  province  of 
Kew  York  to  be  excrcifed  by  you  the  faid  fir  Danvers  Of^ 
bom  and  in  your  abfence  from  our  territories  and  dominion 
of  New  York  by  our  commander  in  chief  of  our  province 
of  New  York  within  our  faid  colony  of  Connecfticut  for  and 
*ln  ing  our  pleafure  In  witnefs  whereof  we  have  caufed  thefe 
our  letters  to  be  made  parent  wdtnefs  ourfelf  at  Weflmin- 
fter  t'l^e  firfl  day  of  Augufl  in  the  twenty- feventh  year  of ' 
our  reign. 

By  writ  of  privy  feal, 

YORKE  and  YORKE. 
The  inflnidlions,  received  vfith  the  commiffioji,  are  cx- 


©  F    N  E  \V  -  y  O  R  K. 


251 


planatory  of  the  patent,  and  regulate  the  governor's  con^ 
dud:  on  almoft  every  common  contingency*. 

The  falaiy,  generally  granted  to  the  governor  by  the  in- 
ftrudions,  is  1200I.  fteiling  out  of  the  revenue  here  ;  but 
that  being  an  infufFicient  fund,  the  aflembly,  in  lieu  of  it^ 
give  him  annually  1560I.  currency.  The  perquifites  perhaps 
amount  to  as  much  more. 

This  office  was  formerly  very  lucrative,  but  becomes  daily 
lefs  confidei  able,  becaufe  almolt  all  the  valuable  tiacts  of  laud 
are  already  taken  up. 

The  council,  when  full,  confifts  of  twelve  members,  ap- 
pointed by  the  king's  mandamus  and  fign  manual.  All  their 
privileges  and  powers  are  contained  in  the  inftruc^tions.  They 
are  a  privy  council  to  the  governor,  in  acts  of  civil  govern- 
ment ;  and  take  the  fame  oath  adminifteved  to  the  king's 
council  in  Englaud.  The  tenure  of  their  places  is  extreme- 
ly precarious,  and  yet  their  influence  upon  the  public  mea- 
fures  very  confiderable.  In  the  grant  of  all  patents,  the  go- 
vernor is  bound  to  confult  them,  and  regularly  they  cannot 
pafs  the  feal  without  their  advice. 

They  enjoy  a  legiflative  power,  as  the  lords  do  in  par- 
liament ;  and  exercife  alfo  judicial  authority  upon  writs  of 
error  and  appeals.  They  are  convened  by  the  governor  ; 
and  he  is  always  pTH^nt  when  they  fit  as  a  court  or  privy 
council,  which  is  ordinarily  at  the  fort.  In  their  legiflative 
capacity,  they  meet  without  the  governor,  and  always  at 
the  city  hall.  They  fit  according  to  their  feniority ,  and  the 
cldeft  member  prefent  is  fpeaker  of  their  lioufe.  In  a  com- 
mittee, the  chairman  has  no  voice.  They  cannot  vote  by 
proxy,  but  have  the  privilege  of  entering  their  diflent,  and 
the  reafons  at  large,  on  their  minutes.  Their  proceedings 
are  very  formal,  and  in  many  refpecfts  they  imitate  the 
example  of  the  lords.  Their  meflages  to  the  aflembly  are 
carried  by  one  of  their  own  members,  and  the  houfe  always 
rifesat  his  entrance  and  receives  them  Handing.  The  coun- 
cil never  publifh  their  legiflative  minutes ;  but  the  aflembly 
always  print  their  own  votes  ;  nor  do  either  qf  tliefe  houfes 
permit  ftrangers  to  be  prefent  at  their  conventions, 

A  counfellor's  title  is,  <  the  honourable.'  They  fervehi^ 
majefty  without  falaries.  The  bufinefs  of  the  privy  coun- 

e  <  » 

*  The  inftrudiions  are,  in  number,  above  a  hundred,  an^ 
never  recorded.  They  are  changeable  at  the  king's  plea, 
fure,  but  rarely  undergo  any  very  confiderable  altera^ 
tipn. 


THE  HISTORY 


t'il  board  is  of  late  very  much  increafcd,  and  never  had  fp 
great  weight  in  the  cplony  as  at  prelcnt ,  which  is  mucU 
owln^  to  the  king's  calling  lawyers  of  reputation  to  the 
allillance  of  his  governor?.  The  prefcnt  lacmbe rs  aic  tlic 
liono  arable 

Cadwallaficr  Colden,  Tofcph  Murray, 

Archibald  kcnnedy,  John  Rutherford, 

James  De  Lanccy,  ♦  lieute-      Kdward  Holland, 

nant  goNernor,  Sir  Wm.  John fon,  bart. 

Dauicl  Horfmanden,  John  Chambers, 

George  Clarke,  jiin.  William  Smith. 

The  bulincfs  in  council  daily  increafes,  and  is  now  become 
*ei*y  burdcnfome,  bciiig  entirely  tranfaclcd  by  a  few  menir 
liers.  Mr.  Colden  relitlcs  in  the  countiy ;  nir.  Clarke  iij 
England  ;  mr.  Kuthci  ford,  being  an  oHicer,  moves  vviih  the 
army,  and  fir  William  Johnfbn  has  his  refidencc  in  the  wcf- 
tern  part  of  the  county  of  Albany. 

The  general  ailcmbly  confifts  of  twenty-feven  reprefen-r 
tarivcs,  chofcn  by  tlie  people,  in  purfuance  of  a  writ  of 
fummons  ilfued  hy  the  governor. 

At  the  day  appointed  for  their  appearance,  fuch  as  are 
elected,  .convene  thendelves  at  the  aflcmbly- chamber,  in 
the  city  of  New- York  ;  and,  by  the  cle,rk  of  the  houfe,  in- 
form the  governor  of  their  meeting,  if  they  are  above  thir- 
teen in  number,  fome  perfons  (generally  the  judges  cf  the 
fupreme  courtj  are  lent  to  the  aflembly  chamber,  empower- 
ed by  a  com  milfion  to  take  their  oaths  and  fubfcriptions. 
They  are  then  called  before  his  excellency,  who  recom- 
mends their  choice  of  a  fpeaker.  For  that  purpofc  they 
again  retire,  and  conduct  the  perfon  they  eled;  into  the 
chair,  which  is  feated  at  the  upper  end  of  a  long  table.  Af- 
ter that  he  is  prefented  to  his  exccllei^cy  in  the  council 
chamber  ;  and  upon  his  approbation  of  their  choice,  which 
is  of  coui'fe,  the  fpeaker  addrcfles  himfelf  to  the  governor, 
and,  in  behalf  of  the  houfe,  prays,  "that  their  words  and 
actions  may  have  a  favourable  conftruiition,  that  the  mem- 
bers may  have  free  accefs  to  him,  and  they  and  their  fer- 
va^its  De  pnvilcged  with  a  freedom  from  arrefts."  The  go- 
vernor, after  promiling  thcfe  things  on  his  part,  reads  his 


*  The  ofRce  of  lieutenant  governor  requires  no  fervice, 
(pxcept  on  the  death  or  in  the  abfence  of  a  governor  in  chief, 
it  gives  no  rank  in  council,  nor  is  there  any  falai-y  annex- 
ed to  it. 


O  F   N  E  W-Y  O  R  K. 


Ipecch  to  botii  houfes  ;  and,  at  the  requeft  of  the  fpeaker^ 
delivers  a  copy  for  the  ufe  of  thd  aflembly. 

I  need  not  enlarge  upon  the  culloms  of  the  general  af- 
fembly,  for  they  take  the  pracftice  of  the  Brhilh  houfe  of 
commons  for  then*  model,  and  vary  from  them  in  but  very 
few  inltances.  Money  bills  are  not  returned  to  them  by  the 
council  board,  as  the  lords  do  to  the  commons ;  and  yet  the 
realbns  for  this  pracfiice  are  much  Wronger  here  than  at 
home.  When  the  governor  palles  the  bills  tent  up  to  him, 
both  houfes  are  prefent  in  the  council  chamber.  It  is  then 
cultomary  for  him  to  afk  the  advice  of  his  council  with  re- 
fpeA  to  every  bill,  and  he  figns  them  at  the  foot  after  thele 
words,  ^*  I  aflent  to  this  bill,  enad:ing  the  lame,  and  order  it 
to  be  enrolled."  After  that  the  at^ts  are  publilhed  in  the 
open  ftreet  neai*  the  city  hall  j  his  excellency  and  the  two 
houfes  being  prefent. 

The  daily  wages  of  the  reprefentatives,  as  regulated  by 
fundry  adrs  of  aliembly,  are  annexed  to  the  following  lill  of 
the  prefent  members  of  the  houfe. 

Paul  Pdchard, 

City  and  county^  Henry  Cruger,  ^Efqrs.  each  6s.  per 

of  New-York.  )  William  Walton,  r"  diem. 

John  Watts,  J 

City  and  county  C  Peter  Winne,     7  j-  _ 

of  Albany.     {  Peter  Douw,      ^  ^^l'^'  P^'' 

Weft  Chefter    C  lolm  Tliomas,        ?  „.  ,  ■ 
county.         i  Fiederick  Philipfe,  ^  1'"  ^'^'^ 

Suffolk  county.  |  ^^^Lm  Nkoll,  }  ^drs.  9s.  per  diem. 
Queen's  county .  |  D-^J^^^;^,^    J  Ef^s.  6s.  per  diem. 

King's  county.  5  J°'»='™^' Lo«  7Efqrs.  6s.  per 

=  ■'I  Uomuucus  Vanderveer,  3  diem. 

Ulftercounty.    {  Jew  Jan.  ^^P-^^^ 

^Ud,mondcoun.|^^mW^^^^^^ 

Duchefs  county.  f^^^J^^"'  |  Efqrs.  6s.  per  diem. 

C^gc  county.J^;-f-j:ediUe,|Er,..  ^    per  di^ 


i69  T  H  E    H  I  S  T  O  R  Y 

^Tveif  Chefter.  }  Lancey,  efq.  log.  per  diem. 

'^sX^i'i^^tady.  I  Jacobus  Mynderfe,  efq.  los.  per  diem, 
^flaerv^^ck!^"*  }  ^'  ^'  ^^"^^^^^  ^^9-  los.per  diem. 
^ftoTi  ^  Rob.  Livingfton,  jun.  cfq.  i«s.  per  diem. 

Manor  of  Court- 7  nun-    xr     m    t      /•    z  5- 

j^j^j^  >  Philip  Ver  Plank,  efq.  6s.  per  diem.  ' 

The  continuance  of  our  aflcmblies  was  unlimited,  till  the 
political  Itrujrates,  which  took  rife  in  mr.  Cofby's  adminif- 
trnri;)n,  forced  mr.  Clarke,  who  fuccecded  him,  to  pafs  the 
act  rcftricting  them  to  three  years  :  but  this  was  repealed 
by  the  kin^,  and  a  fcptennial  >aw  enacted  foon  after  the 
arrival  of  governor  Clinton,  which  is  ftill  in  full  force. 

No  colony,  upon  the  continent,  has  formerly  fuffered 
nore  than  ours,  in  the  o|>inioii  of  the  kinj^'s  mmilters. 
This  has  been  owing  to  the  ill  impreflions  made  by  our  ^o- 
'.crnors,  w  ho  are  fcarce  ever  difengaged  from  difputeswitK 
the  lower  houfc.  Our  reprcfentatives,  agreeable  to  the  ge- 
neral fenfc  of  their  conllituents,  are  tenacious  in  their  opi- 
nion, that  the  inhabitants  of  this  colony  arc  entitled  to  all 
the  privileges  of  EnQ;Ufhmen  ;  that  they  have  a  right  to 
participate  in  the  legillative  power  ;  and  that  the  fefiion  of 
aflemblies  here,  is  wifely  fiibliituted  inftead  of  a  reprefenta- 
tion  in  parliament,  which,  all  things  confidered,  would, 
at  this  remote  dillance,  be  extremely  inconvenient  and 
dan-^eroiis.  The  governors,  on  the  other  hand,  in  general, 
entertain  political  fentiments  of  a  quire  different  nature. 
All  the  immunities  we  enjoy,  according  to  them,  not  only 
flow  from,  but  abfolutely  depend  upon,  the  mere  grace  and-, 
will  of  the  crown*.  It  is  eaiy  to  conceive,  that  contentions 


*  We  are  no  more  than  a  little  corporation, — I  would 
advife  thefe  gentlemen  (aflemblies)  for  the  future,  to  drop 
thofe  parliamencary  airs  and  ftyle  about  liberty  and  proper- 
ty, and  keep  within  their  fphcre,  and  make  the.befr  ufe 
they  can  of  his  majefty's  inftruc^ions  and  commifRon  ;  be- 
caufe  it  would  be  high  treafon  to  fit  and  act  without  it. — 
Tliis  is  our  charter.  If  we  abufe  or  make  a  wicked  ufe  of 
his  majefty's  favours,  we  are,  of  them,  bet  tenants  at  will : 
w^e  only  hold  them,  during  pleafure  and  good  behaviour.'* 
Thefe  are  ti:^  accurate  and  bright  thoughts  of  the  gentle- 


OF    N  E  W  -  Y  O  K. 


261 


inuft  naturally  attend  fuch  a  contradii^lion  of  fentiments. 
Moft  of  oiu-  difputes  however,  relate  to  the  fl'pport  of  go- 
vernment. Before  lord  Cornbury's  enibezzlements,  the  re- 
venue \v.is  efLabliftied  for  a  long  perio  l,  but  afcerv/ards  re- 
duced to  a  f^vv  years.  The  violent  meafares,  in  nir.  Colby's 
thne,  led  the  aflembly  to  the  fcheme  of  an  annual  provifion, 
Thefe  are  the  words  of  that  much  famed  r.ddrefs  of  the 
lioufe,  to  lieutenant  governor  Clarke,  on  the  8th  of  Septem- 
ber I7";7,  previous  to  the  change. 

The  true  caufes  of  the  deficiency  of  the  revenue,  we 
believe,  are  too  well  known  to  3  our  honovir,  to  make  it  ne- 
cella -y  for  us  to  fay  much  on  tlia:  head.  Kad  the  confpicuou  s 
Joyalty  of  the inhabi can's  of  this  province,  met  wi:h  a  fuiLa- 
ble  treatment  in  return,  it  is  not  inilikcly,  bu:  we  fhould 
now  be  v/eak  enough  to  aA  like  others  before  us,  in  behig 
lavifti  beyond  our  abilities,  and  raifing  fums  unnccefiai  y  to 
be  given  ;  and  continued  the  donation,  like  tlicm,  for  a 
longer  time  than  what  was  convenient  for  the  fafery  of  the 
inhabitants:  but  experience  has  fliov.n  the  imprudence  of 
fuch  a  conduct ;  and  the  miferable  condition,  to  which  the 
province  is  reduced,  renders  the  raifing  of  large  fums  verv 
difficult,  if  not  imprac^ticable.  \Vc  therefore  beg  leave  to  be 
plain  with  your  honour,  and  hopeyou  will  not  lake  i:  amjfs, 
when  we  tell  you,  that  you  are  not  to  expect,  that  we  cither 
will  raife  fams  iniiitto  be  raifed  ;  or  put  what  we  fliall  raife 
into  the  power  of  a  governor  to  mifapply,  if  we  can  prevent 
it :  nor  fnall  we  r.-ake  up  any  other  deficiencies,  than  Vv  hat 
w^e  conceive  arc  fit  and  jult  to  be  paid  ;  or  continnc  whan 
fupport  or  revenue  we  fhall  raife,  for  any  longer  time  than 
one  year.  Nor  do  v/e  think  it  convenient  to  do  even  that, 
nntil  fuch  laws  are  pafled,  as  we  conceive  necefiary  for  the 
fafety  of  the  inhabitants  of  this  colony,  wlio  have  repofcd  a 
trult  in  us  for  that  only  purpofe  ;  and  which  we  are  fure 
you  will  think  it  reafonable  we  Hiould  act  agreeable  to  ; 
and  by  the  grace  of  God  we  will  endeavoin-  not  to  deceive 
them.*' 


man  who  publifiied  a  pamphlet,  entitled  "  an  efay  on  the 
government  of  the  colonies,"  in  1752.  Sir  William  Jones, 
attorney  general  to  James  II.  v.-asof  a  very  different  opinion. 
For  he  told  the  king,  that  he  could  no  more  grant  a  com- 
mifilon  to  levy  money  on  his  fnbiccls  in  tl>c  plantations^ 
without  their  comcnt  by  an  iiflci-ibiy,  than  they  cordd  dif- 
charge  themlclves  from  tlieir  allegiance."  Life  of  fir  Vv-illiam 
Phips,  p.  23.  2  L 


26t 


t  H  E  HISTORY 


The  fentiments  of  thisaddrefs  ftill  prevail  among  thcpeo- 
]>le  i  and  tlicreiore  the  fiicccfs  ot"  ibe  pi  elcnt  folicitalioiis, 
for  a  pci  niantnt,  indcHnite  fupport,  Nvill  piobably  be  in 
vain. 

The  matter  has  been  often  litigated  with  great  fervency 
on  boih  fides,  and  the  example  of  the  Britifh  parliament 
mgcd  as  a  precedent  ibr  our  imitation.  '1  o  il.is  it  is  ar.» 
fwercd,  that  the  particular  Itate  of  this  province  differs  lo 
A\  idel/  from  that  of  their  mother  country,  that  m  e  ought 
not  in  this  relpeCi  to  follow  the  cudom  of  the  commons. 
Our  conllltution,  as  fbme  obfcrve,  is  i'o  impciiec^t  in  ni  m- 
bcrlefs  inlhmces,  that  the  rights  of  the  people  lie,  even  now, 
at  the  mere  mercy  of  their  governors  ;  and  g^^anting  a  per- 
petual fupporr,  ii  is  thought,  would  be  in  reality  little  lels, 
than  the  lofs  of  every  thing  dear  to  them. 

It  mult  be  coiifcfled,  that  many  plaufible  arguments  may 
be  alfigned,  in  fupport  of  the  jealouly  of  the  houlc.  A  go- 
vernor has  numberlefs  opj>ortunities,  not  proper  to  be  men- 
tioned, for  invading  the  righis  of  the  people  ;  and  infuper- 
able  diflicuUies  would  necellui  ily  attend  all  the  means  of 
rcdrefs. 

Hy  gradual  advances,  at  feafonable  juncftnres,  we  might 
have  introduced  fuch  amcndmenrs,  as  would,  at  this  day, 
have  eiVablifhed  a  found  and  well  fortified  political  frame  ; 
but  througii  o  ir  uncr  neglect  of  education,  the  ancient  af- 
feinblles  confilled  of  plain,  illiieraie  huAiandmen,  whofe 
views  fcldom  extended  farther  than  to  the  regulation  of 
highways,  the  djft ruction  of  wolves,  wild  cats,  and  foxef, 
and  the  adv  ancement  of  die  other  little  intercfts  of  the  par- 
ticuVar  counties,  which  they  were  chofen  to  reprefent. 


CHAP.  VI. 


Of  our  A/It' J  atid  court i. 


THE  ftate  of  onr  law^s  opens  a  door  to  much  controver- 
fy.  The  uncertainty,  with  refpec^t  to  them,  renders 
property  precarious,  and  gieatly  expofes  us  to  the  arbitrary 
decilions  of  bad  jvrdges.  The  ccnimon  law  of  England  is 
generally  received,  together  with  fuch  ftatutcs,  as  were 
enacted  before  \\  e  had  a  legifiature  of  our  own.  But  our 
courts  exercile  a  lovereign  authori  y,  in  determining  what 


OF    NEW  -  YORK. 


263 


parts  of  the  common  and  ftatute  law  ought  to  be  extended 
for  it  mull  be  adinitted,  that  the  dt-terence  of  circumllances 
neceifarily  requh*es  us,  in  Ibme  cafes,  to  rejecl  the  determi- 
nations of  boiii.  hi  many  inflances,  they  have  alfo  extend  • 
ed,  as  I  have  ell'ewhere  obferved,  even  ad:s  of  parliament, 
palled  lince  we  have  iiad  a  diftindt  legiflation,  which  is  ad- 
ding greatly  co  our  coiifufion.  The  pradlice  of  our  courts 
15  not  lefs  uncertain  than  the  law.  Some  of  the  Euglilh  rules 
are  adopted  and  others  rejected.  Two  things,  therefore, 
feem  to  be  abfclutely  neceilary  for  the  public  fecuriiy. 

Firft,  The  pailing  an  ail  for  fettling  the  extent  of  the 
Englifli  laws.  And, 

Secondly,  That  the  courts  ordain  a  general  fet  of  rules 
for  the  regulation  of  the  pratftice. 

To  give  a  particular  account  or  our  laws,  civil  and  crimi- 
nal, cannot  be  expected  in  this  work.  All  lands  are  held  of 
the  crown  by  focage  tenure,  as  thofe  of  Eaft-Greenwich,  at 
home,  in  the  county  of  Kent ;  and  the  manner  of  obtain- 
ing a  title  to  fuch  as  are  vacant,  or  in  the  poflellion  of  the 
Indians,  is  this : 

Formerly  the  cuftom  was  to  apply  to  the  governor  in 
council,  for  a  licenfe  to  purchafe  lands  of  the  natives  in  his 
majeily's  name.  A  deed  was  then  privately  obtained  from 
the  Indian  proprietors  to  the  king,  and  annexed  to  a  fecond 
petition  to  the  governor,  for  a  warrant  to  the  furveyor-ge- 
neral,  to  make  a  fui*vey  of  the  quantity  purchalcd.  Another 
warrant,  upon  tile  return  of  the  furvey,  was  then  iffaed  to 
the  attoiTiey-general,  to  prepare  a  draught  of  the  patent ; 
which  being  tranfmitted  to  tlie  fecreLai-y's  ollice,  was  then 
engroded  upon  parchment,  and  the  great  feal  affixed  to  it 
by  the  governor. 

In  thefe  furveys  and  deeds,  more  lands  v/erc  often  inclu- 
ded, than  the  Indians  intended  to  fell ;  and  thefe  fraud? 
being  frequently  complained  of,  an  order  was  made  by  the 
ovemor  and  council  in  17  that  thenceforth  no  Indian 
eed  (hould  be  taken,  until  the  land  propofed  to  be  grant- 
ed, was  affinal ly  fui-veyed  by  the  farveyor-general,  or  one 
of  his  deputies,  in  the  prefence  of  the  Indian  proprietors  ; 
that  the  bounds  of  the  tracft  {liould  be  then  entered  in  the 
deed,  and  a  certificate  endorfed,  that  they  are  agreeable  to 
the  farvey,  and  that  he  faw  the  confideration  money  or 
goods,  bond  fide y  delivered  to  the  vendors. 

The  patenting  of  lands,  has  long  been,  and  ftill  continues 
to  be,  very  expenfive. 

Our  law  judicatories  are  numerous ;  I  begin  with  the 
lowell. 


264 


THE  HISTORY 


OF  THE  JUSTICES'  COURT. 


USTICES  of  the  peace  nre  appointed  by  cornmilTion  from 


J  the  governors,  who,  to  I'crve  thcii- jiurpolcs  hi  clcci'oiis, 
loiiietinics  f^  aut,  as  it  is  calltd,  the  auniiniltvation  to  parti- 
cular ta^ouiites  in  each  counry,  which  is  ilie  nomination 
of  oiilcei  s  civil  and  niilitarv  ;  and  by  ihcfc  means,  the  j\illiccs 
have  been  allonilhingly  r.uihiphed.  I  here  are  inltanccs  of 
foiuv  who  can  neirher  Avriie  nor  read*.  Thcfc  Renii, 
bcfulcb  their  ordinary  poweis,  are  by  avfls  of  aflembly 
enr.blcd  to  hu\d  courts,  for  the  determination  of  fmall 
ca  les  of  five  pounds  ar.d  inuler ;  but  ilie  pa;  lics  are  pri- 
vileged, if  tiicy  choofe  it,  with  a  jury  of  fix  men.  The 
proce«:din;;s  aie  in  a  finnmary  way,  and  the  condud: 
of  tiie  julticcs  has  ^ivcn  juft  caufe  to  iiniumerablc 
complaints.  The  ji  iticc3  liavc  alfo  a  jurifdititjon,  wiili  re- 
fpcCt  to  crimes  under  the  de^^ree  of  grand  larceny.  P'or 
any  three  of  them  (one  being  of  the  quorum)  may  try  the 
criminal,  without  a  jury,  and  iiiflic^t  punifhments  not  ex- 


THE  SESSIONS  AND  COURT  OF  COMMON  -  PLEAS. 


THE  court  of  common-picas  takes  cognizance  of  all 
catiles,  where  the  n.attcr  in  demand  is  in  value  above 
five  pounds.  It  is  elhibliflied  by  an  Oidinvnce  of  the  go- 
x-ernor  in  council.  The  j.idges  are  ordina. ily  three,  and 
hold  iheir  offices  during  plcafure.  Th:  o'jgh  the  infancy  of 
the  coujiLry,  few,  if  any  of  them,  are  acquainted  w  ith  the 
law.  The  praifrice  of  thefc  courts  is  fimilar  to  that  of  the 
cor.imori-bcncli,  at  Weflminiter.  They  have  each  a  clerk 
coauniihoncd  by  the  governor,  ^ho  ifiwes  their  writs,  en- 
te-  s  tJiei^"  minuter,,  and  keeps  the  records  of  the  county.  They 
are  held  twice  eve-y  year.  Thefe  judges,  together  w  ith  fome 
of  -he  julciccs.  hold,  a'c  the  fame  tune,  a  court  of  general 
iefliojis  of  the  peace. 


*  Lord  Bacon's  obfervarion,  that  there  are  many  who 
coTini  it  a  credit  to  be  burdened  w  ith  the  office  of  a  juftice  of 
the  peace,  is  very  applicable  to  us.  Bacon's  works,  fol.  vol. 
II.  p.  i5i. — The  {lanitc  of  58  Hen.  VIII.  limited  the  num- 
ber of  julUces  to  eight  iii  a  county. 


icn(jing  to  life  or  liinb. 


OF    N  E  \V  -  Y  O  R  K. 


265 


THE    SUPREME  COURT. 

THE  jurifdicfEion  of  this  court  extencis  through  the  whole 
province  ;  and  its  powers  are  very  great.  For  it  takes 
cognizance  of  all  caufes,  civil  and  criminal,  as  fully  as  the 
king's  bencli  and  common  plea^,  at  Weftminfter.  In  civil 
controveriies,  the  value  of  the  fam  demanded  mvift  exceed 
twenty  pounds.  This  court  has  four  terms  in  a  year,  and  al- 
ways fits  at  Nev/  York*.  The  j^udges,  for  many  years  paif, 
have  been  but  three.  The  chief  jultice  has  ten  Ihillings  as  a 
perqnilite,  upon  the  firil  motion  in  every  caufe,  together  wicli 
an  annual  allov.  ance  of  three  hundred  poimis.  1  he  fecond 
and  third  juilices  have  alfo  yearly  appoincments,  too  in- 
confiderable  to  be  wortli  mentioriing.  fhey  hold  their  of- 
fices by  feparate  commiflions  nnder  the  gveat  feal  of  the 
province,  which  were  formerly  during  pleafuie,  hut  of  late 
q^uain  d'lu  fe  bene gc^j'snnt^. 

The  fupreme  court  was,  at  ftrft,  eilablii^ed  by  feveral 
laws  of  the  province;  bat  the  terms  were,  after  wards,  di- 
rected by  an  ordinance  of  the  governor  and  council,  which 
is  alterable  at  pleafure. 

Whether  this  court  has  a  ri?ht  to  determine  canoes  in  a 
courfe  of  equity,  was  a  quellion  much  ligitated  dun'igthe 
troubles,  in  the  feveral  admiiiift rations  :of  mr.  Cofoy  and 
nir.  Clarke.  Colonel  Morris,  afterwards  governor  of  New 
Jerfey,  fat  then  as  chief  juftice  upon  the  bench,  and  de- 
livered a  long  argumentative  opinion  in  the  negative:|:. 
The  people  were,  in  general,  on  that  fide  ;  and  the  exchc- 


*  The  terms  commence  on  the  third  Tue (clays  in  January, 
April,  and  Oclober,  and  on  the  laft  in  July.  The  firfl  and 
the  laft  continue  five  days,  and  tlTe'LWo-&th_?r  terms  ten. 

J  Profecutions,  by  information,  are  often  commenced  in 
the  fupreme  court  by  order  of  the  governor  and  coimcil, 
and  criminals  fometimes  committed  by  their  warrants  ;  for 
which  rcafon  fome  are  of  opinion,  that  the  judges  ought 
not  to  be  members  of  that  board,  which  is  frequently  the 
cafe. 

:|:  See  the  pnnted  opinion,  and  the  arguments  of  mefheuvs 
Alexander  and  Smith,  for  the  defendent,  Van  Dam,  adver- 
fus  the  attorney  general  ;  in  fupport  of  a  plea  to  the  jurif- 
diction  of  the  fupreme  court,  on  a  bill  filed  there  for  gover- 
nor Colby  in  a  courfe  of  equity.  New  York  printed  by  John 
P.  Zenger.  17:;. 


266 


THE  HISTORY 


quer  court  hcW  fcarcc  ever  rung,  but  the  city  was  all  in  con- 
tulion.  i*etitions  aj^aiiift  the  court,  from  Teveral  parts  of 
the  province,  came  up  to  the  allenibly,  who  dclued  to  hear 
coancil  ;  and  accordingly  nn*.  h-iniih  and  mr.  Murray,  de- 
livered tlieir  opinions  ac  their  rcqaclt,  both  which  were 
afterwards  printed  by  their  order,  llic  former,  who  fpoke 
firit,  urged  nnmeroiis  authoriiies,  to  prove  that  no  court  of 
equity  coiiUl  be  lci;:illy  eftabliflied  except  by  prelcription  or 
an  atit  of  the  legijiaiurc,  and  concluded  with  tlicfe  w  ords — 
"  'Tis  v.  ith  the  greaieit  fubmiDion  that  I  tender  my  opinion 
upon  thefc  points.  I  have  f.iid  nothing  v.irh  adefign  to  of- 
fend any  man,  iior  have  I  onii.ted  faying  any  thing,  that  I 
thought  might  tend  to  the  public  gooa.   Libcrnvi  an'tmam 
■m:at?:.  1  have  endeavoured  to  dilcharge  the  trull:,  and  fup- 
port  the  charac~cer,  w  ith  which  this  liouft  has  honoured  me. 
You  have  my  linccre  and  real  fenrimcnts.  If  I  have  erred 
in  any  thing,  it  has  been  un  v.  iilingly.  I  aui  heartily  a  friend 
to  Liiis  colony,  and  eameftly  wifli  its  profperity.  I  have  no 
intereH:  in  the  pohits  in  queftion,  but  what  arc  connnoii 
to  all  the  freemen  of  this  province.  I  profefs  the  greateft 
ve]ieraLion  for  tlie  laws  of  my  county,  and  am  glad  of 
cvt«  y  oppoi  lunity  to  do  them  public  honour.  They  place 
our  liberties  npon  the  firmeft:  bafis,  and  put  our  ;iropertic5 
under  the  farell  protection.  1  rejoice  in  the  fecuriry  that 
we  have  of  a  long  enjoyment  ot  th  -m,  by  the  leitlement 
of  the  lacceHion  in  the  houle  of  Hanover.  'Tis  the  excel- 
lency of  our  co.dlirution,  and  the  glory  of  oar  princes,  that 
they  a.  e  fovereign  over  freemen  and  not  (laves.   'Tis  the 
mifery  of  an  arbit  ary  government,  that  a  man  can  enjoy 
nothing  under  it  that  he  can  call  his  own.  Life,  libc.  ty,  and 
property,  are  not  liis,  but  all  ar  the  w  ill  and  difpofal  of  his 
tyrannical  owner.  1  don't  wonder  that  our  anceltors  have 
been  always  fo  jealous  of  their  liberties  :  how  oft  have  they 
bravely  fought,  and  nobly  died,  in  the  defence  of  them  ? 
We  have  received  our  liberties  and  om*  laws,  as  an  inheri- 
tance tranlinirted  to  us  in  the  blood  of  our  fathers.  How 
highly,  therefore,  fiionld  we  prize  and  value  them !  And 
what  cai-e  fhould  we  take,  that  we  and  our  pofierity  may  en- 
joy them  in  their  full  extent  ?  If  this  be  our  happy  cale, 
ID  3  JJ)  all  [it  uH'^tr  our  oww  vin^s  and  our  own  fig-trees ,  and  none 
imil  make  us  afraid.  We  fliall  fee  our  country  flourifh,  and 
ourfelves  a  happy  people.  But  if  an  arbitrary  power  over 
our  liberties  and  properties  be  let  in  upon  us,  but  at  a  back 
door,  it  will  certainly  drive  many  of  us  out  of  our  habita- 
Uoiis  ;  and  'tis  to  be  feared,  will  once  more  reduce  our 


OF    NEW  -  YORK. 


267 


country  to  a  wildemefs,  aiid  a  land  without  inhabitant  : 
which  we  doubt  not  but  this  honourable  houfe  will  take 
.  care  to  prevent." 

JNlr.  Murray  laboured  to  fhow,  that  the  chancery,  king's 
I  bench,  common  pleas  and  exchequer,  were  of  original  jurif- 
di(ftion,  by  the  couftitntion  of  England  ;  and  was  fearful 
that  our  eftabliihment  of  thefe  courts  here,  by  an  aCt  of  af- 
lembly,  would  draw  into  queftion  our  equal  rights  to  all 
the  liberties  and  privileges  of  Englifhmen.  Ke  clofed  his 
opinion  in  this  manner  : 

And  now,  mr.  fpeaker,  I  have  in  the  bed  manner  that 
I  was  capable  of,  performed  what  this  hono^arabie  houle 
delired  of  me,  in  giving  truly  my  fentiments  upon  the  fub- 
jeJt  matter  of  thefe  petitions. 

^*  Mr.  Smith,  in  delivering  his  fentiments  laft  Friday, 
did  in  fo  handfomc  and  elegant  a  manner,  fully  prove  that 
the  people  of  this  colony  are  undoubtedly  entitled  to  the 
cuftoms,  laws,  liberties,  and  privileges  of  Snglifiimen,  that 
it  was  needlefs  for  me  to  attempt  the  proof  thereof,  which 
otherwife  I  fhould  have  done.  But  I  do  entirely  agree  v.  ith 
him,  in  all  that  he  faid  on  that  head  ;  and  I  hope  1  have 
proved,  that  the  fundamental  courts,  by  the  laws  of 
England,  are  as  much  part  of  thofe  liberties  and  privileges, 
and  as  much  by  the  cuitoms  and  laws  of  England,  as  any 
other  of  their  liberties  and  privileges  ai*e  ;  and  of  confe- 
quencc,  the  people  here  as  much  entitled  to  thofe  funda- 
mental courts,  as  to  their  other  privileges  ;  and  have  cn- 
deavo^ired  to  anfwer  all  the  objcdtions  that  I  had  heard 
were,  or  thought  could  be,  made  agahift  our  being  entitled 
to  the  fame  courts.  And  upon  the  whole  thereof,  as  there 
has  been  much  talked  about  the  liberties  ?.nd  privileges  cf 
the  people,  I  would  beg  leave  only  to  propound  this  one 
qucftion,  who  is  he  that  argues  mollin  favour  of  the  liber- 
ties of  the  people  ?  He  who  alhrms  and  proves,  that  they 
are  entitled  to  thofe  liberties  and  privileges,  laws  and  cui^ 
toms  of  England,  and  the  good  old  original  courts,  that 
are  by  thofe  laws,  without  an  acTt  ?  or,  he  v.  ho  argues  and 
fays,  we  are  not  entitled  to  tliem,  until  an  a(fc  is  pafled  to 
efcabliili  them  ?  I  fappofe  the  anfwer  would  be  given,  with- 
out hefitation,  in  favour  of  the  former. 

"  But,  mr.  fpeaker,  if  it  yet  fliould  be  faid,  that  there  is 
a  neceffity  for  making  a(fts,  relating  to  thofe  courts,  I  would 
beg  leave  to  offer  to  this  honourable  houfc,  the  imitation 
of  iiich  laws  relating  to  thofe  courts,  as  the  wife  legiflatnre 
of  England  have  thought  fit  to  make.  I  pvefume,  it  will  not 
be  faid,  there  can  be  a  better  pattern  offered  for  the  af- 


268 


THE  HISTORY 


fcmbly  to  go  by.  And  it  is  not  to  be  fuppofed,  but  that  tlitf 
parliament  at  hoir.c  has  made  all  the  re;;ulaiions  therein 
that  can  be  thought  necefliiry  ;  whereas  ,^oinrr  into  new 
fchemcs  and  new  inveniions,  may  be  attended  wirh  many 
inconveniences,  whicli,  \vhen  they  happen,  may  not  be  lo 
eafily  remedied. 

"  And  I  beg  leave  to  conclude,  by  pi-ayinjr  that  God  Al- 
mighty may  guide,  direa,  and  inHuencc  this  honourable 
hoide,  in  their  debates  and  confultations  upon  this  momen- 
tous nlfair,  aiul  that  the  crul  thereof  may  be  for  the  good 
of  all  the  inhabitants  of  this  colony." 

The  oppofiiion,  to  the  exchequer,  became  now  fh  onfrcr 
than  before  the  council  were  heard.  And  therelbre,  uncfer 
thefc  difcouragenients,  the  court  has  taken  cognizance  of 
no  caufcs  f.nce  Van  Dam's,  nor  lias  that  indeed  ever  been 
determined^. 


*  Sir  John  Randolph  wrote  his  fentiments  concerning 
thcfe  difj^ntcs  to  captain  Fearfe.  And  as  he  w;is  an  eminent 
lawyer  in  Virginia,  I  doubt  not  his  letter  will  be  acceptable 
to  the  reader. 

Sir, 

By  your  rcquclt,  I  have  pcrufcd  and  confidercd  the 
arguments  of  yay.  Smith  and  mr.  MuiTay,  befoi  e  the  ge- 
ncrrd  afiembly  of  New-York,  in  relation  to  the  court  of 
equity  eftablilhed  there  in  a  new  court  of  exchequer ;  which, 
I  perceive,  was  done,  principally,  for  determining  a  dif- 
pute  between  the  governor  and  the  prcfident  of  the  council, 
about  their  right  to  the  falaiT  annexed  to  the  office  of  the 
commander  in  chief,  whether  he  the  governor  or  prefi- 
dent  ;  and  it  fecms  Ifcrange  to  me,  that  upon  fiich  an  occa- 
fion^  fo  extraordinary  a  f^ep  fhould  be  taken,  as  the  erect- 
ing of  a  new  court,  exempted  from  the  rules  of  the  pro- 
ceeding at  the  common  law,  v/hen  the  matter  might  have 
been  decided  in  an  adlion  of  the  cafe  upon  an  hidAitatuf 
^i(ft{??!pfii,  which  IS  the  fettled  method  and  mcll  expeditious 
remedy,  in  cafes  of  that  nature. 

"  Both  thefe  s-ntlenien  feem  to  have  agreed  in  one  point, 
that  i::  was  necejfiary  to  trace  tlie  court  of  chancery  and  the 
equity  court  in  the  exchequer  back  to  their  original  infti- 
lution,  in  order  to  fnow  wliether  the  governor  of  a  ^new 
plantation,  hath  a  pov»er  or  not,  to  ere  A  courts,  in  iuita> 
tion  of  thefe  luoh  and  ancient  courts  in  England. — And  from 
their  refeaiches,  they  fecm  to  have  made  very  difrercnt 


OF   NEW -YORK. 


269 


The  judges  of  this  court,  according  to  an  aA  of  alTembly, 
are  iudges  of  Niji  Frius  of  courfe  ;  and,  agreeable  to  an  or- 
dinance of  the  governor  and  ccLincil,  perform  a  circuit 


conclufions.  Mr.  Smith  rit^htly  concl  iides  againfl  the  lega- 
lity of  this  court  -,  but  mr.  Murray  is  afraid  all  niuil  be  Icit, 
if  the  four  fundamental  courts,  as  he  calls  them,  cannot 
be  obtained  in  New  York. — I  own  I  do  not  miderlland  the 
force  of  this  fort  of  rcafoning ;  nor  can  I  conceive,  how  any 
enquiry  into  the  original  of  the  high  court  of  chancery, 
which  muil,  after  all,  end  in  a  mere  conjecture,  can  af?brd 
the  lead  ailillance,  in  formhig  a  right  judgment  upon  this 
queftion,  which  muft  depend  upon  the  particular  conflitu- 
tion  of  thefe  foreign  colonies. — 

<^  The  court  of  chancery,  in  England,  has  its  being  from 
cuftom  and  ufage,  to  which  it  owes  its  legality. — If  it  were 
to  be  ere»!led  now  by  the  king's  power,  it  could  not  Hand  ; 
therefore  it  is  undoubtedly  a  great  abfurdity  to  fuppofe,  that 
upon  the  planting  every  new  colony  by  the  fubjects  of  Eng- 
land, new  courts  muit  Ipnng  up,  as  it  were  from  the  roots 
of  the  ancient  courts,  and  be  eftablilhed  w  ithout  the  confent 
of  the  legillature  ;  becaufe  we  can  imitate  their  methods  of 
proceeding,  though  we  are  very  imperfect  in  comparifon  to 
their  reafon  and  judgment. — Then  I  think  there  is  another 
impropriety  in  t^e  debate  of  this  queftion  :  they  would  ar- 
gue from  the  power  and  prerogative  of  the  king,  to  entitle 
a  governor  to  ad:  in  the  fame  manner.  I  think,  before' they 
turn  a  governor  into  a  king,  they  fliould  take  care,  to  pro- 
vide for  him  the  fame  fulliciency  of  wifdom  and  as  able  a 
council :  therefore  I  muft  fuppofe,  a  mighty  difference  be- 
tween the  power  of  a  king  and  the  governors  abroad. — - 
Their  infti'uctions,  as  to  the  eredling  of  courts,  or  the  au- 
thorities granted  in  their  patents  for  that  purpofe,  are  not 
now,  as  they  v/ere  in  the  begimiing,  %\  hen  there  were  no 
courts  :  but  proper  judicatures  being  long  lince  eilablifhed, 
there  is  an  end  of  their  power  in  that  refpc(ft ;  and  if  any 
alteration  is  found  neceliary,  it  mult  certainly  be  done  by 
the  confent  of  the  leg:  11a ture.  The  kings  of  England  have 
always,  fo  far  as  I  am  acquainted  with  the  hiilo.  y  of  the 
plantations,  ufed  a  particular  tendernefs  in  the  bufinefs  of 
creeling  their  courts  of  judicature,  by  direciing  their  go- 
vernors, to  take  the  advice  of  the  general  aflemblies  in  that 
matter,  and  I  dare  fay,  that  if  the  patents  and  initrucftions 
of  the  governor  of  New-York  were  to  be  inrpected,  no  fuffi- 
«ient  warrant  will  be  found  in  them,  to  esercife  this  high 

2  M 


270 


THE  HISTORY 


through  the  counties  once  every  year.  They  carry  with 
them,  ac  tiie  (h  uc  time,  a  comniLiiou  of  oyer  and  terminer 


power  of  ll'iiing  up  new  co'i.is.  lUit  be  that  as  it  will,  thi* 
is  molt  mawifelt,  tirat  fcttnig  up  one  or  more  men,  with 
pDWi^r  [ojud^e  m-.-a's  p.ope.ties,  by  o:he.  rales  than  thofc 
of  ihe  couiinon  l;iw,  by  which  iihme  we  of  the  plamations 
mall  be  govei  nc.l,  mult  fuLji'Ct  the  eltatcs  oF  that  people  to 
an  arbi:rary  rule,  fo  far  as  tWey  are  rcltraiued  from  appeal- 
ing to  an  lilgiier  jurilclic^lion,  and  :nay  enliave  them  to  the 
weak,  if  not  coiTupt,  jadoincnis  of  thofe  men. — It  really 
feems  to  he  a  fing  ilar  misfortune  to  the  people  of  New- 
"Y  ork,  tlia:  a  ii'ieltion  of  this  nature  fliould  be  fo  far  coun- 
tenauccJ,  as  to  become  a  fabjcc'c  of  aririmicnt,  when,  I  be- 
lieve, in  aay  other  colony,  it  woidd  not  have  been  thought 
a  matter  of  any  doubt  or  the  lealt  difficulty.  Bat  above  all, 
it  is  mod  extravat^ant,  that  a  court  of  equity  flioidd  be 
C'  ecte.l,  for  the  trial  of  a  caufe,  of  which,  without  doing 
violence  to  its  nature,  it  cannot  have  any  jurildiction  ;  and  I 
have  won  lereJ,in  fo  wa"m  a  debate,  that  this  point  has  been 
paiicd  over. — 1 1  hink  nothing  could  entitle  the  court  of  equi- 
ty, to  proceed  in  the  caule  between  the  governor  LOid  Vjut 
Dam,  unlefs  there  wr.s  a  want  of  proof,  of  Van  Dam's  re- 
ceiving the  money  in  difjJuLe,  wiiich  I  llippofe  is  impollible, 
li  ice  it  r.iult  have  ifl 'led  out  of  the  p  folic  treafu  y  of  the 
p'  ovince. — If  I  had  been  to  have  argued  this  point,  l  Ihould 
have  takeu  a  very  different  method  from  thofe  gentlemen. 
Inftcad  of  taking  fo  much  pains,  in  running  through  fo 
many  book  cafes,  to  fettle  what  the  conftit-ition  of  England 
is,  I  would  have  ftated  the  conllitution  of  this  particular 
government,  as  it  is  grounded  either  upon  treaties  or  grr'Uts 
froiu  the  crown  of  England  ;  fo- as  New- York  was  a  con- 
quered country,  it  is  very  probable,  fometliing  may  have 
been  ftip.ilated,  between  the  ftates  general  and  crown  of 
England,  in  behalf  of  the  fubjeCls  of  Holland,  whlcliwere 
left  the  e  in  pofle.'Iioii  of  their  eilates,  and  fo  became  fub- 
jeo>s  to  E.iglan  1. — If  there  was  any  fuch  treaty,  that  muft 
be  looked  upon  as  the  fundamental  law  of  the  province  ;  and 
ne Kt  to  chat,  the  khig's  charters  muf^  '^ake  place. — I  do  not 
at  all  doubt,  but  fome  way  or  other,  the  common  la%v  ^vas 
e'tablifhed  there,  and  if  not,  as  there  is  a  legiflature,  I  fup- 
po  ^  it  is  ar'.op  ed  by  the  countiy  ;  for  there  is  undoubtedly, 
a  great  di  f?rence  between  the  peoplr*  of  a  conquered  coun- 
try, and  coloiiie*  ellablLlied  by  the  king's  coufcut  by  the 


O  F   N  E  W-Y  O  R  K. 


and  general  jail  delivery,  in  which  fome  of  the  county  juf- 
tices  are  joined. 

The  judges  and  praclifers  in  the  flipreine,  and  all  other 
courts,  wear  no  peculiar  habits  as  they  do  at  Welimirifter- 
Kall,  and  in  fome  of  the  Wcii  India  illands  ;  nor  is  theie, 
as  yet,  any  dlllinc^tion  or  degrees  among  the  lawyers. 

The  door  of  admiilion  into  the  practice  is  too  open.  The 
nfual  preparatories  are  a  college  or  univerfity  education, 
and  three  years  appi'enticefliip  ;  or,  without  the  former, 
feven  years  fervice  under  an  attorney.  In  either  of  thefe 
cafes,  the  chief  juPcice  recommends  tlie  candidate  to  rhe^ 
governor,  who  thereupon  grants  a  licenfe  to  p  -aciice  under 
his  hand  and  feal  at  arms.  Tills  bemg  produced  to  the  conrr, 
the  ufual  ftate  oaths  and  fubfcriprion  are  taken,  together 
with  an  oath  for  his  upright  demeanor,  and  he  is  then  qi.s- 
lified  to  practice  in  every  court  in  the  provhire.  Into  ti  e 
county  courts,  attornies  are  imrodr.ced  with  Itill  leis  cere- 
mony. Fo'- our  governors  have  formerly  licenfcd  all  perfons, 
hoNV  indifferently  foever  recommended;  and  the  profeflion 
has  been  fhamefully  difgrnced,  by  the  admiflicn  of  r.'tn 
not  only  of  the  meaneft  aioilities,  but  of  the  loweft  en^ploy- 


fubjecfts  of  England.  The  common  law  follows  themwhere- 
ever  they  go  ;  but  as  to  the  other,  i:  midt  arife  either  from 
treaties  or  g  ants  ;  therefore  it  is  a  pity,  every  thine  i"  re- 
lation to  this  mat',  er  has  been  omitic'd,  which  would  have 
been  of  great  ufe  to  thofe,  who  a'  e  unacquainted  wiih  the 
facfts,  in  forming  a  judgment  in  this  ca^e. — I  cannot  forbear 
cbfcrving  a  mighty  weaknefs  in  t  ie  lawyers  of  ^'ew  York, 
in  blindly  following  a  common  error,  in  relation  to  the 
ftatutes  of  England  being  in  force  there  ;  v  hCieas  there  is 
no  foundation  in  fenfe  or  reafon  for  fuch  an  opinion.  The 
common  law  muft  be  the  only  rule  and  if  we  wade  into 
the  ftatutes,  no  man  can  tell  wiiat  the  law  is.  It  is  certain, 
all  of  them  cannot  bind,  and  to  know  which  do,  was  al- 
ways above  my  capacity. — Thofe,  thar  a  e  declarative  of 
the  common  law,  ferve  us  rather  as  evidences^  than  by  any 
binding  quality,  as  ftatutes. 

*^  I  am,  Sir, 

your  moft  obedient  fervant,  ire. 


"  JOHX  B-AliDOLPK." 


172  T  H  F    H  I  S  T  O  Ft  Y 

mcnts.  The  prefcnt  judges  of  the  fuprcme  court  are  the 
honourable  (lor  ihat  is  their  title) 

James  dc  Lancey,  cfq.  chief  jnftice. 
John  Chambers,  tfci.  iecond  juftice. 
Daniel  lloi  llnanden,  cfq.  tlard  julticc. 

They  have  but  two  clerLs  ;  one  attendant  upon  the  fa- 
remc  court  at  New-York,  and  tlic  other  on  tlic  circuiis. 
'he  former  fcals  all  their  piocefs,  and  is  keeper  of  the 
vccords. 

T  HE  COURT  OF  AD  M  1  R  A  L  T  Y. 

TUK  only  officers  of  this  court  are  the  judge,  or  com- 
niiflai  y,  the  rcgifter  and  ma'  /hal.  The  pscfent  judge, 
Lewis  Morns,  efq.  has,  by  his  com.-  ill:on*,  a  jurifili(f(ion 
^n  all  maritime  alfairs,  not  only  here,  but  in  ihc  colonies 
of  New-Jerfey  and  Cojuiecticut.  The  pi  occedings  before 
him  arc  in  Englifh,  and  according  to  the  courfe  of  the  civil 
law. 

THE  PREROGATIVE  COURT. 

THK  bufinefs  of  this  court  relates  to  the  probate  of  laft 
wills  and  teltariients,  and  the  grants  of  letters  of  ad- 
miiiilhaiion  on  iniedates'  eltates.  The  powers,  rclaiive  to 
thefe  matters,  are  committed  to  the  governor,  who  acts  or- 
dinarily by  a  delegate. 

THE  COURT  OF  THE  GOVERNOR.  AND  COUNCIL. 

THE  authority  of  this  court  is  beft  feen  in  the  inftruc- 
tiou  on  wliich  it  depends. 
*'  Our  will  and  pleafuie  is,  that  you,  or  the  commander 
in  chief  of  onr  faid  province,  for  tlie  time  being,  do  in  all 
civil  caufes,  on  application  being  miide  to  you,  or  the  com- 
inandc'-  in  chief  lor  tiie  time  being,  for  that  purpofe,  per- 
mit and  allow  appeals,  from  any  of  the  courts  of  common 
law  in  our  faid  province,  unto  you  or  the  commander  in 
chief,  and  the  council  of  our  faid  province  ;  and  you  are, 
for  that  purpofe,  to  iflae  a  wiit,  in  the  rr.anner  which  has 


*  It  is  under  thefeal  of  the  admiralty^  and  dated  Janu- 
ary 1 6,  1738. 


OF    N  E  V/  -  Y  O  R  K. 


273 


been  ufually  accuftomed,  remrnable  before  yourfelf  and 
the  council  of  our  faid  province,  who  are  to  proceed  to 
hear  and  determine  fuch  appeal;  wherein  fuch  of  ourfrid 
council,  as  lhail  be  at  that  time  ju.lges  of  the  court  from 
whence  fuch  appeal  fhall  be  fo  made,  to  you  our  captain  ge- 
neral, or  to  the^  commander  in  chief  for  the  time  being,  and 
to  our  faid  council,  as  aforefaid,  iliall  not  be  admitted  to 
vote  upon  the  faid  appeal ;  but  they  may,  neverthelefs,  be 
prefent  at  the  hearing  thereof,  to  give  the  reafcns  of  the 
judgment  given  by  them,  in  the  caufes,  v/herein  fuch  appeals 
ihall  be  made. 

Provided,  neverthelefs,  that  in  all  fuch  appeals,  the  funi 
or  value  appealed  for,  do  exceed  the  fum  of  ^- three  hundred 
pounds  llerli^ig :  and  that  lecurity  be  firft  dvly  given  by 
the  appellant,  to  anfyrer  fuch  charges,  as  fuall  be  awarded, 
in  cale  the  firft  fentence  be  aflirmed  ;  and  if  either  party 
fliall  not  reft  fatisfied  with  the  judgment  of  you,  or  the 
commander  in  chief  for  the  time  being,  and  council  as 
aforefaid,  our  will  and  pleafure  is,  that  they  may  then  ap- 
peal unto  ns  in  our  privy  council.  Provided  the  fum  or  va- 
lue fo  appealed  for  unto  us,  exceed  five  hundred  pounds 
fterling,  and  that  fuch  appeal  be  made  within  fourteen  days 
after  fentence,  and  good  fccurity  given  by  the  appellant, 
that  he  will  effectually  profecute  the  fame,  and  anfwer  the 
condemnation,  and  alio  pay  fuch  colts  and  damages,  as 
fiiall  be  awarded  by  us,  in  cafe  the  fentence  of  you,  or  the 
commander  in  chief  for  the  time  being,  and  council,  be  af- 
firmed. Provided,  neverthelefs,  where  the  matter  in  quef- 
tion  relates  to  the  taking  or  demanding  any  duty  payable 
to  us,  or  to  any  fee  of  office,  or  annual  rent,  or  other  fuch 
like  matter  or  thing,  where  the  rights  in  future  may  be 
bound,  in  all  fuch  cafes,  you  are  to  admit  an  appeal  to  us 
in  our  privy  council,  though  the  immediate  fum  or  value 
appealed  for,  be  of  a  lefs  value.  And  it  is  our  further  will 


*  Before  the  arrival  of  fir  Danvers  Ofborn,  appeals  were 
given  to  the  governor  and  council,  in  all  caufes  above  lool. 
fterling,  and  to  the  king  in  coimcil,  in  all  thofe  above  300I. 
fterling.  By  this  initruction,  the  power  of  the  fupreme 
court  and  the  governor  and  council,  is  prodigioufly  augment- 
ed. In  this  infant  countiy  few  contacfts  are  equal  to  the  fums 
mentioned  in  tiie  inftruction,  and  therefore  an  uiicontrolable 
authority  in  our  courts  may  be  dangerous  to  the  property 
and  liberties  of  the  people.  Proper  checks  upon  judges 
preferve  them  both  from  indolence  and  corruption. 


274 


THE  HISTORY 


and  pleafiirc,  that  in  all  cafes,  whfre,  by  your  inftniAions, 
you  are  to  admit  appeals  to  us  in  our  privy  council,  execn. 
rion  be  fufpcndcd,  until  the  final  dcteruiiiialion  ot  luch  ap- 
peals, unlcfs  good  and  rufllcicnt  fccuriry  be  given  by  tbe 
appellee,  to  uiakc  ample  rtflicuiion  of  all  that  the  appel- 
lant fhall  have  loll,  by  means  of  fuch  judgment  or  decree, 
in  cafe,  upon  the  determination  of  fuch  appeal,  fuch  decree 
or  judgment  fliould  be  reveifed,  and  reltitution  awarded  lo 
the  appellant." 

THE  COURT  OF  CHANCERY. 

all  our  courts,  none  has  been  more  obnoxioMS  to  the 
people  than  this.  I  liL^rc  have  been  (as  I  !tavr  alrcatly 
Ihovvn)  few  admin iflrations  linci*  its  tirft  creiftion,  in  which 
our  aflemblies  have  not  exp  efled  their  difapprobarion  of 
its  conlHtution  by  ordinaiice,  and  the  cxe  cifc  of  the  chan- 
cellor's power  by  the  governor.  nurin«r  the  adniiiiiflra.ion 
of  governor  Cofl>y,  a  bill  wns  filed  by  fi;  Jofeph  Kylcs  aiid 
others,  to  vacate  the  oblong  patent  gram ed  by  his  imme- 
diate predeceHor  to  Hauley  and  company.  1  he  defendants 
excepted  to  tlie  governor's  jnrildi(*tion  ;  but  being  over- 
ruled, they  reforted  to  the  aflembly  wiih  a  complaint,  and 
the  houfe,  on  tiie  6th  of  November  17:55,  lefolved, 

That  a  court  of  chance-y  in  this  province,  in  the  hands 
or  under  the  exercife  of  a  governor,  without  conient  in 
general  aflembly,  is  contrary  to  law,  unwarrantable,  and 
of  dangerous  confeq  iCiice  to  the  liberties  and  properties  of 
the  people." 

The  (anie  fentiments  obtained  among  the  people  in  mr. 
Clarke's  rime,  as  is  vety  evident  in  the  memorable  addiefs 
of  the  aflembly,  in  I7"7,  a  part  of  wiiich,  relative  to  the 
court  of  chancery,  is  too  fingular  to  be  fupprefled. 

**  The  fettling  and  eflablifliing  of  courts  of  general  jurif- 
dic^ion,  for  the  due  adminiftration  of  julllce,  is  necefla-y 
in  every  country  :  and  we  conceive  they  ought  to  be  fettled 
and  eflabliftied,  by  the  acts  of  the  whole  legiflature,  and 
their  feveral  jurifdictions  and  powers  by  that  authority 
limited  and  appointed,  efpecially  courts  that  are  to  take 
cognizance  of  matters  in  a  courfe  of  equity. — This  has  been 
the  conftant  pracftice  in  England,  when  new  courts  were  to 
be  erecfted,  or  old  ones  to  be  abolifhed  or  altered  :  and  the 
feveral  kings  of  England,  in  whofe  reigns  thofe  acts  were 
made,  never  conceived,  that  the  fettling,  erecting,  or  abo- 
lifhm^  courts,  by  acts  of  the  legiflature,  had  any  tendency 
to  dclti  oy  or  in  the  leaft  to  dimiiiifh  their  juil  and  legal  pre- 


OF  NEW. YORK, 


i-ogatlves. — It  was  the  method  in  ufe  here,  both  before  and 
fince  ihe  revoiiuicn,  and  particulaily  recommended  to  the 
allembly  lo  be  done  in  that  manner,  by  a  meflage  from  go- 
vernor hlouglicer  and  council,  on  thp  15th  day  of  April 
1691.  Fe  was  the  fii it  governor  fince  the  revclution  ;  and 
the  governors  that  linrc  Lhat  tiiiie  aflented  to  thofe  ad:s,  we 
fuppoie,  never  in  the  leait  imagined,  they  were  giving  up 
the  p  -erofjative  of  iheir  mailers,  when  they  gave  that  aiient ; 
nor  did  we  ever  leavn,  that  they  w  ei  e  cenlured  for  doing 
fo. — On  the  contrary,  the  conltant  inltruCtions,  that  have 
from  time  to  time  been  given  to  the  governors  of  this  pro- 
vince, feem  clearly  to  point  out  the  doing  of  it,  by  acts  of 
the  legiliature,  and  not  otherwife,  as  may  be  gathered  from 
the  inlh  uclion,  for  the  erec'ting  of  a  court  for  the  determin- 
ing ot  fniall  caufes,  by  which  there  are  pofitive  direcTtions 
given  to  the  governors,  to  recommend  it  to  the  aflembly, 
that  a  biW  fliOLild  be  pafled  for  that  purpofe  ;  but  notwith- 
ftanding  thefe  directions,  given  in  dii  etft  and  exprel's  temis, 
thegovemots  ncvei"  would  apply  for  fnch  an  act,  but  erecled 
that  court  b^  an  ordinance  of  themfelves  and  council,  as  they 
did  the  court  of  chancery,  which  had  before  that  time  been 
crecfted  by  aOts  of  the  legiliature  in  another  manner. — They 
couki  not  be  ignoiant,  wliat  dillatisfaition  the  erec'ting  of 
a  couit  of  chancery  in  that  manner,  gave  the  generality  of 
the  people. — This  was  very  manifeft,  by  the  refolves  of  the 
general  allembly,  at  the  time  of  its  firft  being  fo  erected, 
and  often  fince,  declaring  the  illegality  of  fuch  a  proceed- 
ing. And  though  thefe  refolves  have  been  as  often  as  made, 
treated  by  the  governors  with  an  unreafonabledifregard  and 
contempt  of  thenj,  yet  to  men  of  prudence,  they  might 
have  been  eftetftual,  to  have  made  them  decline  perftfling  in 
a  procedure,  fo  illegal  and  fo  generally  difiatisfactoi^  j  and 
which  (as  they  managed  it)  proved  of  no  ufe  to  the  pub- 
lic or  benefit  to  themfelves.  For  as  few  of  them  had  talents 
equal  to  the  talk  of  a  chancellor,  w  hich  they  had  under- 
taken to  perfo'  in,  fo  it  was  executed  accordingly.  Some  of 
them  bemg  willing  to  hold  fach  a  court,  others  not,  accord- 
ing as  they  happened  to  be  inHuenced  by  thofe  about  them. 
So  that  we^-e  it  really  edabli/hcd  in  the  moft  legal  manner 
(as  it  was  not)  yet  being  in  the  hands  of  apcrfon  not  com- 
pellable to  do  his  duty,  it  was  fo  managed,  that  the  extra- 
ordiiiary  delays  and  fruitlefs  expenfe  attending  it,  ren- 
dered it  not  only  ufelefs,  but  a  g  ievance  to  the  inhabitants, 
efpecially  thofe,  who  we^e  lb  mifortunate  as  to  be  concern- 
ed in  it  :  which  we  hope  you  thxok  with  us,  tliat  itis  liigh 
time  fliould  be  redieiied. 


THE    H  I  S  T  O  R  Y,  &c. 


Your  honour  well  knows,  that  the  cftabliflmig  thaf 
court,  in  the  manner  it  has  been  done,  has  been  a  lubject 
of  contention,  between  the  governors  and  the  alleinbly  ; 
and  lince  it  is  confefled  by  all,  that  the  cllablilhing  both  of 
that,  and  other  com  is,  by  ad  of  rhe  Icgillature,  is  indifpu- 
tably  legal,  and  gives  them  the  niofl  imcontroverlible  au- 
thority; and  if  nnquellionably  legal,  v.hatisfo,  cannot  be 
dcllructive  of  his  majefty's  preror,ativc.-l\\'c  therefore 
hope,  you  will  make  no  fcj^uple  of  aflcnting  lo  this  bill, 
to  put  an  end  to  a  contention,  that  l.as  no:  be  en,  nor  will 
be,  while  it  continues,  beneficial  to  hi r.  inajell^ 's  fcrvice." — 
From  this  tiiiic,  the  chancery  lias  bt  en  unaitacked  by 
the  allembly,  but  the  bufnicls  tranfac'ted  in  it  is  very  incon- 
fitle/able.  A  com't  of  equity  is  abfclutely  necellary,  for  the 
due  adminilh  ation  of  ;M'tice  ;  but  whether  privaie  proper- 
ty ought  to  be  in  the  li  governors,  I  leave  others 
todctjnninc  .  As  the  ]  '  .cfs  of  the  color.y  increa- 
fes,  fjw  0-*  tlicm,  I  believe,  wjii  ■  iousof  tiie  clian- 
cellor's ofiice,  as  they  have  not  i  .  ueofa  iiiallerof 
the  rolh.  The  prcfcnt  oflicers  of  tli,  (which  is  al- 
wa)  s  held  in  tlic  coinicil  chamber  ai  -  >  >j  are,  his  ex- 
cellency fir  Charles  Hardy,  knt.  chancellor,  two  nialters, 
two  clerks,  one  examiner,  arer^lter,  and  a  ferjeant  at  arms, 
and  not  one  of  them  has  a  Hilary.  In  our  proceedings,  we 
copy  after  the  chancery  in  England  ;  and  indeed  in  all  our 
coil  i  ts,  the  pra(^tice  at  home  is  more  nearly  imitated  in  this 
and  New  Jerfcy,  than  in  any  oth.er  province  upon  the  con- 
tinent. Few  of  our  allcmblies  have  been  capable  to  concert 
any  new  regulations  of  this  kind  :  and  hence  the  lawyers 
have  had  recourfe  to  the  Engl ifli  cuftoms  and  fomis,  which 
they  have  generally  adopted.  While  the  New  England  colo- 
nies, through  the  fupcrior  education  of  their  reprefentatives, 
have  introiluced  numberlefs  innovations,  peculiar  to  them- 
felves  ;  the  laws  of  our  mother  country  have  gradually  ob- 
tained here,  and  in  this  refpecft,  the  public  has  perhaps  receiv- 
ed advantages,  even  from  the  ignorance  of  our  anceflors. 


*  Sr-neare  of  opinion,  that  the  governor's  jurifdiction 
in  this,  and  the  (piritual,  or  prerogadve  court,  are  incom- 
patible. 


THE  END. 


